Army Pamphlet 200-1
17 January 2002
UNCLASSIFIED
Environmental Quality
Environmental Protection and
Enhancement
SUMMARY of CHANGE
PAM 200-1
Environmental Protection and Enhancement
This pamphlet-* Explains how the Army will execute the "U.S. Army Environmental Strategy into
the 21st Century" (chapter 1 ).
* Provides detailed guidance to support implementation of AR 200-1 to include:
water resources management, oil and hazardous substances spills, hazardous
materials management, hazardous and solid waste management, air pollution,
environmental noise management, asbestos management, radon reduction,
pollution prevention, environmental restoration, environmental quality technology,
automated environmental management systems, the Army environmental
program in foreign countries, and other miscellaneous topics (chapters 2 through
15 ).
* Replaces Deputy Assistant Secretary of the Army (Environmental, Safety, and
Occupational Health) Memorandum, 1 November 1993, Subject: Application of
the Resource Conservation and Recovery Act Hazardous Waste Management
Requirements to Conventional Explosive Ordnance Operations-Interim Policy
and Guidance.
* Replaces Office of the Director, Environmental Programs Memorandum, 29
September 1999, Subject: Change in Environmental Compliance Assessment
Reporting Policy.
* Replaces Office of the Director, Environmental Programs Memorandum, 18
September 2000, Subject: Reporting Enforcement Actions and Fines.
Chapter 1
Introduction
1-1. Purpose
This pamphlet explains how the Army will execute the "U.S. Army Environmental
Strategy into the 21st Century." It portrays environmental stewardship in all
actions as part of the Army mission. This pamphlet describes, in detail,
Department of the Army (DA) procedures and methodology to be followed in
preserving, protecting, and restoring environmental quality in accordance with
Army Regulation (AR) 200-1 .
1-2. References
Required and related publications and prescribed and referenced forms are listed
in appendix A .
1-3. Explanation of abbreviations and terms
Abbreviations and special terms used in this publication are explained in the
glossary . Section I contains abbreviations, brevity codes, and acronyms
contained in AR 310-50 Section III contains abbreviations, brevity codes, and
acronyms specific to this publication.
1-4. Functions
The functions of each agency, organization, and participant involved in
administering the Army's environmental program are outlined in AR 200-1
Specific procedural requirements are described in this pamphlet.
Chapter 2
Water Resources Management
Program
2-1. Scope
This chapter outlines the procedures used to meet the requirements of AR 200-1
, chapter 2.
2-2. Drinking water
a. Drinking water quality at fixed facilities will conform to the Federal criteria
pursuant to the Safe Drinking Water Act (SDWA), as amended, or state or local
regulations when more stringent.
(1) In 40 Code of Federal Regulations (CFR) 141.151 , the U.S.
Environmental Protection Agency (EPA) defines a community water system
(CWS) as a public water system (PWS) that serves at least 15 service
connections used by year-round residents or regularly serves at least 25 yearround residents. A PWS-(a) Provides water through pipes to the public for human consumption
or, after 5 August 1998, other constructed conveyances, if such a system has at
least 15 service connections or regularly serves an average of at least 25
individuals daily at least 60 days out of the year.
(b) Includes any collection, treatment, storage, and distribution facility
under the control of the operator of such system and used primarily in connection
with such system; and any collection or pretreatment storage facility not under
such control that is used primarily in connection with such system.
(c) Is either a "community water system" or a "noncommunity water
system."
(2) The SDWA regulates water primarily through primary and secondary
drinking water quality standards. Army installations are responsible for keeping
abreast of new Federal, state, and local water standards and requirements to
keep all drinking water treatment systems and wells in compliance. Installation
commanders (ICs) with fixed installation PWSs will program funding for drinking
water monitoring in accordance with the Environmental Program Requirements
(EPR) Guidance Document developed by Headquarters, U.S. Army (HQDA) and
the U.S. Army Environmental Center (USAEC). Civil works (CW) requirements
will be programmed in accordance with Corps of Engineers Civil Works Direct
Program-Program Development Guidance.
(a) Primary drinking water quality standards regulate substances in
drinking water that may have an adverse effect on human health. These
regulations are federally enforceable. Primacy states may have more stringent
requirements. Primary standards include regulations on organic, inorganic, and
radiological contaminants; total coliform; control of lead and copper; and
disinfection/filtration. Table 2-1 , located at the end of this chapter, lists the
primary drinking water quality standards (see also 40 CFR 141 ). Criteria are
presented as maximum contaminant levels (MCLs), action levels (ALs), or
treatment technique (TT) requirements.
(b) Secondary drinking water standards regulate substances that may
have an objectionable impact on the aesthetic quality of drinking water. These
regulations are not federally enforceable but may be enforced by the state. Table
2-2 , located at the end of this chapter, lists the secondary drinking water quality
standards (see also 40 CFR 143 ).
(c) All Army facilities that own and operate a drinking water treatment
system that is classified by the state as a community water treatment system are
required by the 1996 Safe Drinking Water Act amendments to complete a
Consumer Confidence Report (CCR). Report content and distribution to
customers is outlined by each state's regulations. Army facilities that purchase
and treat water must acquire the CCR from the PWS where they purchase their
water, add information to this CCR about the additional Army treatment, and then
distribute the CCR to their customers. Installations that only purchase water must
at least acquire the PWS CCR and redistribute it to Army personnel. Copies of
the CCR should be sent to USAEC, ATTN: SFIM-AEC-NR, 5179 Hoadley Road,
Aberdeen Proving Ground, MD 21010-5401.
(3) The SDWA requires that monitoring be performed for several
unregulated contaminants in order to form a database for future regulations.
Table 2-3 , located at the end of this chapter, lists the unregulated substances
that will be monitored.
(4) Under the Lead and Copper Rule (40 CFR 141, subpart I), the SDWA
prohibits the use of drinking water conveyance materials with a lead content
above a set standard. The lead prohibition requires the use of lead-free solder,
flux, pipes, and fittings in drinking water systems. Lead-free is defined as a
maximum lead content of 0.2 percent for solder and flux and 8.0 percent for
pipes and fittings.
(5) The Lead Contamination Control Act (LCCA) is a 1988 amendment to
the SDWA. LCCA mandated that several programs be developed to reduce
children's exposure to lead in drinking water at school. The act also required the
EPA to produce a list of all the drinking water coolers that were not lead-free.
(6) The Surface Water Treatment Rule (SWTR) (40 CFR subpart H)
establishes maximum contaminant level goals (MCLGs) for viruses, bacteria, and
Giardia lamblia and also includes TT requirements for filtered and unfiltered
systems that are specifically designed to protect against the adverse health
effects of exposure to these microbial pathogens. The SWTR applies to all PWSs
using surface water sources or ground water sources under the direct influence
of surface water (GWUDI).
(7) The Interim Enhanced Surface Water Treatment Rule (IESWTR) was
codified in 2000 (40 CFR 141).
(a) The IESWTR applies to systems using surface water or GWUDI that
serve 10,000 or more persons.
(b) The rule builds on the SWTR by strengthening microbial protection,
including provisions specifically to address Cryptosporidium, and by addressing
risk trade-offs with disinfection by-products. It optimizes treatment reliability and
enhances physical removal efficiencies to minimize the Cryptosporidium levels in
finished water.
(c) The rule also requires disinfection profiling and benchmarking
provisions to assure continued levels of microbial protection while complying with
new disinfectants and disinfection by-products (DBP) standards.
(d) In addition, states are required to conduct sanitary surveys for all
surface water systems, regardless of size.
(e) PWSs that use surface water or ground water under the direct
influence of surface water, either in whole or in part, and serve a population of
10,000 or more generally have 3 years from Federal promulgation to comply with
requirements of this rule. The exceptions are for disinfection profiling and
benchmarking, which require systems to begin sampling after 3 months. In cases
where capital improvements are needed to comply with the rule, states may grant
systems up to an additional 2 years to comply.
(8) The Stage 1 DBP Rule was codified in 2000 (40 CFR 141).
(a) The Stage 1 DBP Rule applies to all CWS and nontransient
noncommunity water systems (NTNCWS) that add a chemical disinfectant to the
drinking water during any part of the treatment process.
(b) The Stage 1 DBP Rule updates and supersedes the 1979
regulations for total trihalomethanes.
(c) It establishes maximum residual disinfectant level goals (MRDLGs)
and maximum residual disinfectant levels (MRDLs) for three chemical
disinfectants: chlorine, chloramine, and chlorine dioxide (see table 2-1 at the end
of this chapter).
(d) The Stage 1 DBP Rule also establishes MCLGs and MCLs for total
trihalomethanes, haloacetic acids, chlorite, and bromate.
(e) Large surface water systems are required to comply with the Stage
1 DBP Rule by January 2002. Ground water systems and small surface water
systems are required to comply with the Stage 1 DBP Rule by January 2004.
(9) The proposed Long Term 1 Enhanced SWTR will strengthen microbial
controls for small systems serving fewer than 10,000 people. This rule will also
prevent significant increases in microbial risk where small systems take steps to
implement the Stage 1 DBP Rule. It will also establish filter backwash
requirements for certain PWSs of all sizes to reduce the potential risks
associated with recycling contaminants removed during the filtration process.
(10) The EPA is developing a Ground Water Rule (GWR) that specifies the
appropriate use of disinfection while addressing other components of ground
water systems to ensure public health protection. The GWR establishes multiple
barriers to protect against bacteria and viruses in drinking water from ground
water sources and will establish a targeted strategy to identify ground water
systems at high risk for fecal contamination.
b. Drinking water provided at fixed installations will meet all applicable state
and local drinking water regulations. Typical state drinking water programs and
standards include the following:
(1) Criteria to maintain and operate distribution systems to protect the
quality of drinking water after it leaves the treatment plant. These criteria include
the following:
(a) Maintenance of adequate disinfectant residuals.
(b) Effective main flushing program.
(c) Proper disinfection/repair of mains.
(d) Protection of stored water quality.
(e) Maintenance of adequate pressures.
(2) The development and implementation of plans to protect and conserve
sources of drinking water and plans to protect distributed drinking water quality.
The SDWA established three ground water protection programs to be
implemented at the state level. State programs/plans include the following:
(a) The Underground Injection Control (UIC) Program ( 40 CFR 144148 ) prohibits the injection of almost all unpermitted underground injections and
requires permitted injections be monitored to determine their effects on nearby
ground water. Permits and exact monitoring requirements are usually obtained
from the state.
(b) The Sole Source Aquifer (SSA) Protection Program (SDWA, section
1424(e)) protects those aquifers that have been demonstrated to be the sole or
principal source of drinking water in an area. States with such aquifers regulate
the activities within the recharge areas of the aquifer and use restrictions to
conserve the resource.
(c) The Wellhead Protection (WHP) Program (SDWA, section 1428)
requires systems using ground water wells to establish a WHP plan for each well.
The plan requires the following:
(1) The delineation of the WHP area (a recharge zone based upon
a set radius or time of ground water travel).
(2) An inventory of potential sources of contamination within the
area.
(3) Development of a management plan to control or remove these
contamination sources and regulate activities within the area that may impact
ground water quality.
(4) Establishment of a contingency plan to provide an alternate
source of drinking water in the event that the well becomes contaminated.
(d) Sanitary surveys of public community and noncommunity water
systems should be conducted as required by 40 CFR 141 in consideration with
other requirements provided in AR 200-1 , AR 40-5 , and Technical Bulletin,
Medical (TB MED) 576 . The CFR defines the sanitary survey as an on-site
review and evaluation of the water source, facilities, equipment, operation, and
maintenance of a PWS for the purpose of producing and distributing safe
drinking water. As mandated by the CFR, EPA requires that sanitary surveys
must be performed by the state on an agent approved by the state and that the
survey records be kept for a period of time of not less than 10 years. The
installation commander (IC) is responsible for ensuring that the survey takes
place.
(e) Cross-connection control plans regulate those areas in the
distribution system where potable water may come in contact with nonpotable
water or substances. A properly prepared cross-connection control plan lists the
existing and potential cross-connections within a system and assigns the proper
backflow prevention device to the area. Cross-connection and back-flow
protection are mandatory under the SDWA and civil penalties apply to violations.
The plan should also include a schedule for testing these devices to ensure
proper operation. Mil-HDBK-1164 contains specific guidance and recommended
time intervals for inspecting and testing backflow prevention devices.
(f) A potable water supply emergency/contingency plan ensures proper
procedures are in place that will be followed during national or local emergencies
(for example, natural disasters, subnormal service, droughts, main breaks, fires,
enemy attacks, mobilization). This plan will include restrictions on consumption,
measures for addressing alternative/additional sources that are available for
potable water supply, recycling and reuse, and inclusion of any hazardous
substance contingency plans as required by applicable laws and regulations.
(See para 2-4 for additional information.)
(g) Water conservation plans include implementation of water-saving
measures to reduce costs and conserve drinking water sources. Measures
detailed in the installation plan should include, but not be limited to, installation
low-flow plumbing fixtures, treatment and recycling of boiler/cooling water, reuse
of treated waters into landscape sprinkler systems, limited contractor use of
water hydrants, etc. This plan could be combined with installation contingency
plans for surface and well sources (see WHP at paragraph (c) above) and titled
as the Installation Water Conservation and Emergency/Contingency Plan. CW
district/laboratory/field operating activity (FOA) commanders will develop criteria
for identifying civil works facilities (CWFs) that require water supply
emergency/contingency plans and/or water conservation plans, and provide
formats for any plans.
(h) The SDWA Amendments of 1996 required states to develop Source
Water Assessment and Protection (SWAP) Programs by January 1999. A SWAP
Program includes a strategic approach to conducting the assessments;
delineates the area of influence from which a contaminant may enter a PWS;
inventories sources of potential or unknown contaminants within the delineated
zone; and determines the susceptibility of a PWS to such contaminants. Since
some states with constrained budgets may require that individual PWSs conduct
their own assessments and, if susceptible to contaminants, develop a Source
Water Protection Plan and Program, the USAEC has developed a model SWAP
Program for installation use. This guide will provide major Army commands
(MACOMs) and installations with useful information for developing a site-specific
SWAP Program. This guide is available on the USAEC Web site (
http://www.aec.army.mil ).
c. Water conservation measures must be implemented in accordance with the
Energy Policy Act of 1992, subpart F of PL 102-486 . This act requires all Federal
agencies to install water conservation measures in Federal buildings to the
maximum extent possible by 1 January 2005, with payback periods of less than
10 years. Executive Order (EO) 12902 requires Federal agencies to survey their
facilities and identify potential energy or water conservation measures.
d. Drinking water provided for the field environment and other military unique
operations will meet the Army Surgeon General's directives. Field water
standards for military activities are presented in TB MED 577 .
e. Potential environmental considerations are associated with the treatment of
raw water for drinking water purposes. These considerations include the effects
of brine and sludge discharged from water treatment systems and water draw-off
restrictions from surface or ground water sources. National Pollutant Discharge
Elimination System (NPDES) permits, water appropriation and use permits, or
other permits may be required to operate drinking water treatment systems at
both fixed and field facilities.
2-3. The Clean Water Act
a. The Clean Water Act (CWA) objective. The objective of the CWA is to
restore and maintain the chemical, physical, and biological integrity of U.S.
waters. Installation environmental and engineering offices and appropriate CW
districts and facilities outside the district structure will develop and implement a
wastewater management program that includes the following:
(1) NPDES permits.
(2) Pretreatment standards for discharges to publicly-owned treatment
works (POTWs).
(3) Toxic water pollutants.
(4) Sewage sludge management guidance.
(5) Storm water management.
(6) Non-point source pollution control.
(7) Dredge and fill operations.
(8) Innovative/alternative TTs.
b. NPDES permit guidance. NPDES permits are required for all point source
wastewater discharges into U.S. waters. Draft NPDES permits should be
reviewed through technical as well as legal channels to ensure that the activity
can comply with all the provisions of the permit. If additional time is needed to
adequately review the draft NPDES permit, an extension to the review period
should be requested from the issuing authority. Technical assistance may be
obtained from the agencies listed in paragraph 2-8 . ICs with "NPDES permitted"
fixed installation wastewater systems will program funding for wastewater
sampling in accordance with the EPR guidance document developed by HQDA
and the USAEC. CW requirements will be programmed in accordance with Corps
of Engineers Civil Works Direct Program-Program Development Guidance.
c. Pretreatment program. General pretreatment standards are applicable to all
the nondomestic discharges to POTWs or Federally-owned treatment works
(FOTW) facilities. All discharges to POTWs are regulated by general
pretreatment standards and, in many cases, local sewer use ordinances. FOTWs
may set pretreatment requirements to ensure compliance with their NPDES
permit. Regulatory agencies may implement further limitations or pretreatment
standards for internal discharges. Army pretreatment programs for all wastewater
treatment systems must consider the following:
(1) Pretreatment guidelines for the discharges of all noncategorical,
nondomestic users and categorical users for which no pretreatment standards
exist.
(2) A means to ensure that any categorical industrial operation will meet
the pretreatment requirements of that particular categorical industry.
(3) A procedure to control the discharge of hazardous substances or new
industrial wastewater sources into the collection system. Such discharges require
an evaluation of the water quality of the discharge and the treatment system's
ability to handle the discharge.
(4) The prohibition on discharging pollutants into a wastewater collection
system that may interfere with any treatment process and pass through the
treatment facility, thereby constituting a health hazard or polluting the waters of
the nation, or contaminating the sludge so as to restrict the disposal options of
the treatment facility. The activity will develop a procedure to ensure that the
following types of pollutants are not introduced into the wastewater collection
system:
(a) Pollutants that create a fire or explosion hazard at the treatment
facility or in the collection system.
(b) Pollutants that will cause corrosive structural damage to the
treatment facility or the collection system (unless the facility and system are
designed to handle such discharges).
(c) Solid or viscous pollutants in amounts that will obstruct the flow of
the treatment facility or collection system.
(d) Pollutants that are released at a flow rate or concentration that will
interfere with the treatment facility operations.
(e) Heated discharge in amounts that will inhibit biological activity in the
treatment facility, resulting in interference. In no case will the discharge cause the
temperature to exceed 104 degrees Fahrenheit at the treatment facility.
(f) Pollutants that result in the presence of toxic gases within the
treatment facility in a quantity that may cause worker health and safety problems.
(g) Petroleum oil, nonbiodegradable cutting oil, grease/animal fats, or
products of mineral oil origin in amounts that will cause interference with the
treatment process or pass through the treatment facility resulting in health
hazards, pollution of outflow waters, or contamination of treatment sludge.
d. Industrial wastewater treatment system (IWTS). IWTSs are regulated under
the CWA when they are required to have an NPDES permit to allow the system
to discharge effluent to a receiving water (for example, an industrial wastewater
treatment plant that discharges to a stream). When the IWTS discharges to a
POTW/FOTW, it is considered a pretreatment facility and the discharge is
regulated under pretreatment rules associated with the POTW/FOTW permit.
Operation of an NPDES-permitted IWTS by Army installations will follow
paragraphs 2-3c(4)(a - g) when implementing and following standard operating
methods for that plant.
e. Sludge. Sludge can be produced by a variety of water and wastewater
treatment systems; however, it is usually identified under one of the following
categories:
(1) Domestic wastewater sludge (sewage sludge/biosolids). Federal
requirements for the final use and disposal of sewage sludge that is land applied,
surface disposed, or incinerated are contained in 40 CFR 503 . Many states have
additional requirements for the use and disposal of domestic wastewater sludge.
The Army encourages the beneficial use of domestic wastewater sludge.
(2) Combined domestic/IWTS sludge. In some cases, this sludge may
meet the requirements (based on sample analysis) under 40 CFR 503 and can
be handled according to these regulations. However, under circumstances when
this sludge does not meet 503 sampling requirements or analysis, it must adhere
to the Resource Conservation and Recovery Act (RCRA) ( 42 United States
Code (USC) 6901 et seq .) rules for disposal.
(3) Drinking water treatment system sludge. This sludge is produced
through the industrial process of producing drinking water. When analyzed, this
sludge may be inert or high in aluminum. It may not necessarily be classified as
RCRA waste; however, in many cases it is disposed of as RCRA waste. If
possible, Army installations should attempt to find a beneficial use for this sludge.
f. Storm water. In 1987, the CWA was amended to require implementation of
a comprehensive approach for addressing storm water discharges under the
NPDES program. Installations will address and apply for permits for all point
source (see point source definition, 40 CFR 122.2) storm water runoff issues in
accordance with 40 CFR 122.26 . Those point sources specific to Army
installations include the following:
(1) Permits for industrial storm water runoff. Under phase I of this program,
Army installations/CWFs must apply for NPDES storm water permits if they have
point source discharges of storm water associated with industrial
activities/operations. As outlined by the CFR, Army installations/CWFs will also
prepare Storm Water Pollution Prevention Plans and a schedule for
implementation of measures to protect storm water runoff from contamination.
General permits are typically reissued every 5 years by the permitting agency.
The original Federal Multi-Sector General Permit (MSGP) was published on 25
September 1995 (60 Federal Register (FR) 50804) and reissued on 30
September 1998. For Federal facilities operating in states that do not have
general permit authority or authority to permit Federal facilities, permit coverage
must be sought under the MSGP issued by the EPA regions. Facilities operating
in states authorized to issue general permits to Federal facilities must seek
permit coverage from the state in which they reside. Army installation and CW
activities will ensure that the design of new industrial facilities incorporates the
provisions for proper storm water management.
(2) Storm water permits for construction activities. Storm water discharges
from construction activities are required to have an NPDES permit as defined in
40 CFR 122.26(b)(14)(x) The permit will cover all clearing, grading, and
excavation activities, except operations that result in the disturbance of less than
5 acres (some states with NPDES-permitting authority regulate sites smaller than
5 acres) of total land area that is not part of a common plan of development or
sale. The most recently issued Federal storm water permits for construction were
issued on 17 February 1998 (63 FR 7858). As with the MSGP discussed above,
for Federal facilities operating in states that do not have general permit authority
or authority to permit Federal facilities, permit coverage must be sought under
the storm water construction permits issued by EPA regions. Facilities operating
in states authorized to issue general permits to Federal facilities must seek
permit coverage from the state in which they reside.
(3) NPDES Storm Water Program permits. Under the Proposed Phase II
NPDES Storm Water Program, U.S. Army installations, designated as "small"
municipal separate storm sewer systems (MS4) or having storm water
discharges associated with "other" activities (construction sites disturbing more
than 1 acre, but less than 5 acres), will be required to modify existing NPDES
storm water permits or apply for a new permit. Complete requirements will be
available when the final rule is promulgated.
g. Activities in water of the U.S., including wetlands (section 404 of the CWA).
(1) Proposed military or CW activities in wetlands. A CWA permit is
required for any activity that involves discharges of dredged or fill material,
including excavation, into waters of the U.S., including wetlands. The adopted
EPA and U.S. Army Corps of Engineers (USACE) general definition for wetlands
is "areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas." Permit requirements for the discharge and/or excavation of
dredge or fill material are outlined under 33 CFR 320-330 and 40 CFR 230 .
Proposed military or CW activities in wetlands or other waters of the U.S. must
coordinate with the USACE CW district having jurisdiction over the area.
(2) Rivers and Harbors Act of 1899 (RHA) ( 33 USC 401 ). A section 10
RHA permit is required for any work in or affecting the course, location, condition,
or capacity of any navigable water of the U.S. permit requirements in accordance
with section 10 are outlined under 33 CFR 320-330. Proposed military or CW
activities for the work described above affecting navigable waters of the U.S.
must be coordinated with the USACE CW district having jurisdiction over the
area.
(3) Marine Protection, Research, and Sanctuaries Act (MPRSA). A section
103 MPRSA permit is required for the transportation of dredged material for
disposal in the ocean. Disposal sites for such discharges are selected in
accordance with criteria developed by the EPA in consultation with the Secretary
of the Army. Permit requirements in accordance with section 103 are outlined
under 33 CFR 320-330 . Proposed military or CW activities for the transportation
of dredged material for disposal in the ocean must be coordinated with the
USACE CW district having jurisdiction over the area.
h. Effluent limitations from watercraft. Guidelines and regulations are
described in AR 200-1 , paragraph 2-4i.
i. Innovative/alternative treatment. The CWA requires the application of
innovative and alternative techniques and processes in new and upgraded
wastewater treatment facilities, if possible. Each military construction
programming document, including the DD Form 1391 , should reflect that
innovative or alternative technology was considered. Paragraph 11 of the form
should address the economic analysis associated with innovative and alternative
technology. CW activities will document the innovative or alternative technology
considerations in the appropriate design memoranda.
j. Field wastewater disposal. Procedures for Army training units or other Army
activities for disposing of field waste is outlined in Field Manual 21-10 , U.S. Army
Center for Health Promotion and Preventive Medicine (USACHPPM) Water
Quality Information Paper #32-024, and Environmental Engineering and
Sanitation, 4th Edition.
2-4. Water resource protection, management, and recreation
a. Installations must conserve and protect all water sources from
contamination through the development and implementation of plans to ensure a
level of water quality that supports "the propagation of fish, shellfish, and wildlife;
recreation in and on the water; and protection of drinking water sources" (CWA
section 101(a)(2)). This is accomplished through a total water quality
management approach, also referred to as a Water Resource Management
Program or Plan (WRMP). The approach or program integrates plans to provide
a holistic view of the installation's water sources and how to manage them. This
approach promotes development of pollution prevention (P2) methods and
watershed protection management plans; promotes coordination with natural
resource managers, facility planners, facility and operation personnel, fire and
safety managers, and engineering staff; and reduces compliance violations. The
CWA, SDWA, and Oil Pollution Act (OPA) outline and provide for the
development of plans to protect these water sources. These plans include storm
water plans, wetland plans and inventories, WHP plans, pretreatment plans,
facility response/spill prevention plans, watershed pollution prevention plans for
drinking water surface impoundments and permits, water
conservation/emergency/contingency plans, and SWAP plans.
b. Installations are encouraged to form partnerships with other Federal, state,
local, and nonprofit agencies to promote responsible resource management,
cooperative efforts, and community relations; promote participation in regional
conservation efforts; and streamline compliance requirements. Additional
information on partnership development for wetlands and water sources can be
found in AR 200-3 , paragraph 29.
c. Maintenance and management of fixed installation water recreational
facilities (for example, swimming pools) will be coordinated by facility operations,
preventive medicine, and the environmental office and in accordance with AR 405 , TB MED 575 , and Technical Manual (TM) 5-662 .
2-5. Certification and training
a. Operators of water, wastewater, and industrial treatment plants will receive
the necessary training and meet the operator certification requirements of the
state in which they are located. Operators will meet the minimum water system
operator certification requirements that satisfy standards set by EPA and all
applicable state and local agencies. The operator certification requirements apply
to the operators of community and NTNCWS. Outside the continental United
States (OCONUS), operators will meet training requirements established in the
relevant Final Governing Standards (FGS) or the Overseas Environmental
Baseline Guidance Document (OEBGD), whichever applies.
b. Job descriptions for treatment plant operator positions will require a state
certification or license or the ability to obtain and maintain a license or
certification per applicable regulations.
c. Announcements of vacancies for these positions will state the certification
requirements.
d. Operator training will be met through programs sponsored by the state or
regional health department or the local university or college of the state in which
the facility is located.
e. In the absence of programs listed in paragraph d above, training will be
held at qualified institutions designated by the respective MACOM.
2-6. Management of water/wastewater system connections
Installations will use the following regulations and manuals to develop on-site
procedures for managing connections to water/wastewater treatment systems:
AR 40-5 , AR 420-49 , TB MED 576 , TB MED 577 , Mil-HDBK-1164, Mil-HDBK
1138, TM 5-813 Series, TM 5-814 Series, 29 CFR 1910 , 40 CFR 141 and
141.33 (c), 40 CFR 141.84, and applicable state regulations for water and
wastewater. Installations that are connected to municipal or private drinking
water plants or POTWs will be required to meet standards or procedures outlined
by the municipal/private plant management. In cases where there are installation
industrial activity discharges to a POTW, installations will be required to meet
pretreatment requirements outlined by that POTW.
2-7. Regulatory inspections, investigation of complaints, and
notification and reporting
a. CWA. Installations/CWFs will follow procedures that are identified in 40
CFR 122 and 40 CFR 124 for CWA issues. One example of the comment
process under the CWA occurs when an NPDES permit application is submitted
to regulatory agencies for renewal of an existing permit or for requesting a new
permit. After the application is submitted, a review period is opened so that other
agencies and the public can comment to the regulators on the permit.
b. SDWA. Procedures for drinking water reporting, public notification, and
recordkeeping are outlined in 40 CFR 141 , subpart D, and state regulations.
Additional information can be obtained in Technical Guide (TG) 179, which is
available from USACHPPM.
2-8. Technical assistance
Technical assistance on water treatment and conservation and wastewater
disposal procedures may be obtained from the sources below. Civil works facility
(CWF) managers should consult their environmental compliance coordinator
network for sources of technical assistance. (See appendix B for mailing
addresses and Web sites.)
a. USAEC, Compliance.
b. USACHPPM, Water Supply Management.
c. USACE Hazardous, Toxic, and Radioactive Waste (HTRW) Center of
Expertise.
d. EPA SDWA Hotline, 1-800-426-4791.
Table 2-1. Primary drinking water regulations regulated contaminants
Monitoring frequency a
Contaminant
Maximum
contaminant level
(MCL) (mg/l unless
noted)
Surface
water
Ground
water
INORGANICS
Antimony
0.006
Arsenic
0.05
b
1 yr
3 yr
1 yr
3 yr
9 yr
9 yr
Asbestos
(Possible monitoring waiver)
7 MF
Barium
2
1 yr
3 yr
Beryllium
0.004
1 yr
3 yr
Cadmium
0.005
1 yr
3 yr
Chromium
0.1
1 yr
3 yr
Semiannual
Semiannual
Semiannual
1 yr
1 yr
3 yr
Semiannual
Semiannual
Copper
1.3 AL
Corrosivity d
--
Cyanide
0.2
c
c
Lead
0.015 AL
Fluoride
4
1 yr
3 yr
Mercury
0.002
1 yr
3 yr
Nickel e
--
1 yr
3 yr
Nitrate (as N)
10
Qtrly
Nitrite (as N)
1
Once
Nitrate and Nitrite,
10
Qtrly
1 yr
f
Once f
1 yr
Total (as N)
Selenium
0.05
1 yr
3 yr
--
1 yr
3 yr
0.002
1 yr
3 yr
Benzene
0.005
Qrtly g
Qrtly g
Carbon tetrachloride
0.005
Qrtly g
Qrtly g
o-Dichlorobenzene
0.6
Qrtly g
Qrtly g
p-Dichlorobenzene
0.075
Qrtly g
Qrtly g
1,2-Dichloroethane
0.005
Qrtly g
Qrtly g
1,1-Dichloroethylene
0.007
Qrtly g
Qrtly g
cis-1,2-Dichloroethylene
0.07
Qrtly g
Qrtly g
trans-1,2-Dichloroethylene
0.1
Qrtly g
Qrtly g
Dichloromethane
0.005
Qrtly g
Qrtly g
1,2-Dichloropropane
0.005
Qrtly g
Qrtly g
Ethylbenzene
0.7
Qrtly g
Qrtly g
Monochlorobenzene
0.1
Qrtly g
Qrtly g
Styrene
0.1
Qrtly g
Qrtly g
Tetrachloroethylene
0.005
Qrtly g
Qrtly g
1,2,4-Trichlorobenzene
0.07
Qrtly g
Qrtly g
Toluene
1
Qrtly g
Qrtly g
1,1,1-Trichloroethane
0.2
Qrtly g
Qrtly g
1,1,2-Trichloroethane
0.005
Qrtly g
Qrtly g
Trichloroethylene
0.005
Qrtly g
Qrtly g
Vinyl chloride
0.002
Qrtly g
Qrtly g
Xylenes, total
10
Qrtly g
Qrtly g
Sodium
d
Thallium
VOLATILE ORGANICS
HERBICIDES/PESTICIDES/OTHERS
Acrylamide
TT h
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Alachlor
0.002
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Atrazine
0.003
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Benzo(a)pyrene
0.0002
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Carbofuran
0.04
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Chlordane
0.002
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Dalapon
0.2
4 qtrs/3 yrs i 4 qtrs/3 yrs i
1,2-Dibromo-3-chloropropane
0.0002
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Di(2-ethylhexyl)adipate
0.4
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Di(2-ethylhexyl)phthalate
0.006
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Dinoseb
0.007
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Diquat
0.02
4 qtrs/3 yrs i 4 qtrs/3 yrs i
2,4-D
0.07
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Endothall
0.1
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Endrin
0.002
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Epichlorohydrin
TT h
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Ethylene dibromide
0.00005
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Glyphosate
0.7
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Heptachlor
0.0004
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Heptachlor epoxide
0.0002
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Hexachlorobenzene
0.001
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Hexachlorocyclopentadiene
0.05
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Lindane
0.0002
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Methoxychlor
0.04
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Oxamyl (Vydate)
0.2
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Pentachlorophenol
0.001
4 qtrs/3 yrs i 4 qtrs/3 yrs i
PCBs (as decachlorobiphenyl)
0.0005
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Picloram
0.5
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Simazine
0.004
4 qtrs/3 yrs i 4 qtrs/3 yrs i
Toxaphene
0.003
4 qtrs/3 yrs i 4 qtrs/3 yrs i
2,3,7,8-TCDD (Dioxin)
3 x 10 -8
4 qtrs/3 yrs i 4 qtrs/3 yrs i
2,4,5-TP (Silvex)
0.05
4 qtrs/3 yrs i 4 qtrs/3 yrs i
TRIHALOMETHANES j
0.10 (0.080 k )
DISINFECTION BY-PRODUCTS AND PRECURSORS l
Total organic carbon and
alkalinity m
NA
Monthly
NA
HAA5 n
0.060
Qtrly
Qtrly
1
Daily
Daily
0.010
Monthly
Monthly
4
Monthly q
Monthly q
Chlorite
o
Bromate p
DISINFECTANT RESIDUALS
Chlorine
l
Chloramine
4
Monthly q
Monthly q
Chlorine dioxide o
0.8
Daily
Daily
RADIOCHEMICALS - Monitoring in the distribution system for community water
systems only.
Gross alpha r
Gross beta
s
15 pCi/L
4 yr
4 yr
50 pCi/L
4 yr
4 yr
t
4 yr
4 yr
Radium-226 and 228
5 pCi/L
Strontium-90 u
8 pCi/L
4 yr
4 yr
Tritium
20,000 pCi/L
4 yr
4 yr
MICROBIOLOGICAL: All community water systems and non-community water
systems, using a surface water source or a groundwater source but serving more
than 1,000 persons, must monitor total coliform monthly. Non-community
groundwater systems serving 1,000 people or fewer monitor total coliform
quarterly.
Total coliform
1/5.0% v
Giardia , viruses w
TT h
Cryptosporidium x
TT h
Legionella
TT h
Heterotrophic plate count
bacteria
TT h
Turbidity y
see footnotes
Every 4 hrs
State option
a. These monitoring frequencies are the routine monitoring frequencies and do not account for either
increases or decreases in frequency resulting from previous monitoring results or state waivers.
b. 7 MF - 7 million fibers/liter (longer than 10 mm).
c. Monitoring based on population served. Community and NTNCWS systems with populations over
50,000 must have initiated and completed monitoring 1 Jan to 30 Jun 1992; those with populations
3,301 to 50,000 must have initiated and completed monitoring 1 Jul to 31 Dec 1992; and those with a
population of less than 3,300 must have initiated and completed monitoring 1 Jul to 31 Dec 1993.
ALs are set in lieu of MCLs for first draw tap samples. Actions for improved corrosion control and
public education are initiated if the ALs are exceeded in 90 percent of the samples.
d. Only monitoring and reporting are required (40 CFR 141).
e. The Nickel MCL has been remanded, however, Nickel is still classified as a regulated contaminant
and must be monitored as such.
f. Repeat monitoring frequency is determined by analytical result and state requirements.
g. Reductions in monitoring frequency are allowed based on previous results.
h. TT - treatment technique. A TT is used when it is not economically or technically feasible to
measure the level of the contaminant. Heterotrophic Plate Count monitoring in the distribution system
may be used in lieu of demonstrating disinfectant residual ( 40 CFR 141.72 (b)(3)).
i. Four consecutive quarterly samples collected once every three years.
j. Monitoring for community water systems with a population greater than 10,000. MCL applies to
running a yearly average of distribution samples. Groundwater systems may have monitoring reduced
to yearly (one sample analyzed for maximum trihalomethane potential).
k. This new MCL for Total Trihaolmethanes is effective for surface water system and systems using
ground water under the influence of surface water (referred to as Subpart H systems) serving 10,000
or more consumers by December 2001. It is effective for all other systems by December 2003.
l. Effective for community and nontransient noncommunity Subpart H systems (systems using any
amount of surface water or ground water under the direct influence of surface water) serving 10,000
or more people by December 2001. Effective for all other community and non-community water
systems by December 2003.
m. Only for systems using conventional filtration.
n. HAA5 is the sum of the concentrations of mono-, di-, and trichloroacetic acids and mono- and
dibromacetic acids.
o. Only for systems using chlorine dioxide in the water treatment process.
p. Only for systems using ozone in the water treatment process.
q. To be conducted with distribution system monitoring for total coliform.
r. Excluding radon and uranium. Radon and uranium are monitored when the gross alpha screening
level exceeds 15 picocuries per liter (pCi/L).
s. If gross beta exceeds 50 pCi/L (4 millirem/year), then the individual components must be
determined.
t. MCL is for radium-226 plus radium-228; monitoring required when gross alpha screening level
exceeds 5 pCi/L.
u. If gross beta exceeds 8 pCi/L, then strontium-90 level must be determined.
v. No more than one sample per month can test positive if fewer than 40 samples are analyzed each
month; or no more than 5.0 percent of the monthly samples can test positive if 40 or more samples
are analyzed each month.
w. Adequate filtration/disinfection must be provided to meet applicable CT [product of disinfectant
concentration (c) and disinfectant contact time (T); that is, C X T] requirements (subpart H, 40 CFR
141 ).
x. The new TT is effective for all Subpart H systems serving at least 10,000 people in December
2001.
y. The turbidity MCL applies to all Subpart H systems (systems using surface water or ground water
under the influence of surface water). For unfiltered systems wishing to avoid filtration, the turbidity
may not exceed 5 nephler turbidity unit (NTU) unless the state determines that the value was caused
by "unusual or unpredictable" circumstances, and there are not more than two of these events per year
or five times in any consecutive 10 years. For systems using conventional filtration or direct filtration,
the turbidity level of the filtered water must be less than or equal to 0.5 NTU in 95 percent of the
samples per month. The state may allow a turbidity limit to 1.0 NTU if the system demonstrates
effective removal of 99.9 percent of Giardia lamblia cysts; however, no turbidity measurement may
exceed 5 NTU. In systems using slow sand filtration, the turbidity level of the filtered water must be
less than or equal to 1.0 NTU in 95 percent of the samples per month. The state may substitute a
higher limit for slow sand systems; however, no turbidity measurement may exceed 5 NTU. In
December 2001, for systems serving 10,000 people or more and using conventional or direct
filtration, the turbidity level of the combined filtered water must be less than equal to 0.3 NTU in 95
percent of the samples per month. No combined filtered sample may exceed 1 NTU. Samples from
individual filters may not exceed 0.5 NTU during the first hours of clean filter operation or 1.0 NTU
thereafter based upon continuous monitoring read once every 15 minutes.
Source: Table is current as of 10 Jan 02. (For current information, see 40 CFR 141.)
Table 2-2. Secondary drinking water regulations regulated contaminants
Contaminant
Secondary maximum
contaminant level
(mg/l unless noted)
Aluminum
0.05-0.2
Chloride
250
Color
15 color units
Copper
1
Foaming agents
0.5
Iron
0.3
Manganese
0.05
Odor
3 threshold odor units
pH
6.5 - 8.5
Silver
0.1
Sulfate
250
Total dissolved solids
500
Fluoride
2
Corrosivity
noncorrosive
Zinc
5
Notes:
. Source: Table is current as of 10 Jan 02. (For current information, see 40 CFR 143.)
Table 2-3. Unregulated Contaminant Monitoring Rule (UCMR) list
List 1
List 2
Assessment
Screening survey of
monitoring of
contaminants projected
contaminants
to have methods by date of
with available methods program implementation
List 3
Pre-screen testing of
contaminants needing
research on methods
(1) 2,4-dinitrotoluene
(13) Diruon
(29) Algae and toxins
(2) 2,6-dinitrotoluene
(14) Linuron
(30) Echoviruses
(3) DCPA mono acid
(15) Prometon
(31) Coxsackieviruses
(4) DCPA di acid
(16) 2,4,6-trichlorophenol
(32) Helicobacter pylori
(5) 4,4'-DDE
(17) 2,4-dichlorophenol
(33) Microsporidia
(6) EPTC
(18) 2,4-dinitrophenol
(34) Caliciviruses
(7) Molinate
(19) 2-methyl-phenol
(35) Adenoviruses
(8) MTBE
(20) Alachlor ESA
(36) Lead-210
(9) Nitrobenzene
(21) 1,2-diphenylhydrazine
(37) Polonium-210
(10) Terbacil
(22) Diazinon
(11) Acetochlor
(23) Disulfoton
(12) Perchlorate
(24) Fonofos
(25) Terbufos
(26) Aeromonas Hydrophilia
(27) RDX
(28) Nitrobenzene
Notes:
1. List 1-Assessment monitoring. Monitoring of List 1 contaminants will occur at 2,800 large PWS
and a representative sample of 800 small PWS. Transient water systems are not required to monitor.
Surface water systems will monitor quarterly for one year and ground water systems will monitor
twice in one year. Assessment monitoring must be done within the three years of 2001-2003.
2. List 2-Screening surveys. Monitoring of List 2 contaminants will occur after additional
rulemaking to specify their analytical methods and monitoring requirements. The monitoring program
will be the same as that for List 1, but only for a randomly selected set of 300 large and small
systems.
3. List 3-Pre-screen testing. Monitoring of List 3 contaminants will be performed only after future
rulemaking specifies methods to determine whether a listed contaminant occurs in sufficient
frequency in the most vulnerable systems or sampling locations to warrant its being included in future
assessment monitoring or screening surveys. EPA will select up to 200 large and small systems from
state nominations of systems most vulnerable to List 3 contaminants.
. Source: Table is current as of 10 Jan 02. (For current information, see 40 CFR 141 .)
Chapter 3
Oil and Hazardous Substances Spills
3-1. Scope
This chapter outlines the procedures to meet the requirements of AR 200-1 ,
chapter 3. CW guidance is provided in Engineering Regulation (ER) 200-2-3 and
Engineering Pamphlet (EP) 200-2-3 .
3-2. Reporting an oil or hazardous substance spill
a. Initiate spill reporting and cleanup concurrently in accordance with Federal,
state, and local regulations and guidance.
b. Immediately report any spill or release of oil or hazardous substance to the
on-scene coordinator (OSC). Take reasonable actions to eliminate the source
and contain the spill in accordance with the Spill Contingency Plan (SCP) and the
Spill Prevention, Control, and Countermeasures Plan (SPCCP).
c. The OSC will immediately implement the appropriate Facility Response
Plan (FRP).
d. Listings of Federal reportable quantities for oil and hazardous substances
are cited in 40 CFR 61 , 40 CFR 110 , 40 CFR 280, 40 CFR 300.405 , 40 CFR
302 , 40 CFR 355 , and 49 CFR 171.15 . State or local agencies may list other
chemicals or establish a lower threshold for a reportable quantity. Check state or
local reportable quantity lists.
e. The OSC will immediately report, by telephone or facsimile, a spill of a
reportable quantity through command channels to required Federal, state, or
local agencies as identified in the SCP and, within 48 hours, to the MACOM
environmental office and support installation (see figures 3-1 and 3-2 , located at
the end of this chapter). CW activities will report through command channels to a
level appropriate for the issue.
f. If only telephonic notification is provided initially, submit a written report of a
spill of a reportable quantity through command channels to-(1) The MACOM environmental office and support installation,
concurrently, within 2 working days after telephone notification.
(2) The EPA regional, state, or local administrator as required by law (see
40 CFR 112.4 and 40 CFR 355).
g. The OSC will notify the installation environmental office of all spills.
h. Release information regarding oil or hazardous substances spills using the
following guidelines:
(1) Furnish information in a timely, accurate manner to assure full
disclosure. This reflects consideration of the public welfare, is in the nation's
interest, and is a function of command. The public is entitled to all unclassified
information concerning an oil or hazardous substance spill.
(2) Coordinate information proposed for release with the installation's
public affairs office (PAO) and higher headquarters, as necessary, prior to
release.
(3) Follow procedures described in the public affairs appendix the SCP.
Information released should-(a) Ensure public safety.
(b) Prevent or reduce widespread alarm.
(c) Ensure understanding of the extent and nature of hazards resulting
from the spill.
(4) Follow the specific guidance in AR 360-5 regarding the release of
information concerning chemical surety material and accidents resulting in
casualties.
3-3. Spill Prevention, Control, and Countermeasures Plan
a. Required plans.
(1) Prepare SPCCPs, when required by 40 CFR 112 , because of the
volume of stored petroleums, oils, and lubricants (POLs) or because the storage
location is such that a spill could reasonably be expected to discharge into or
upon navigable waters.
(2) Prepare a RCRA (HW) Contingency Plan in accordance with subpart D
of 40 CFR 264 or 265 for facilities that manage hazardous waste in either a 90day storage facility (see 40 CFR 262.34 (a)(4)) or in a RCRA treatment, storage,
and disposal facility (TSDF) with a Part B permit, permitted or with interim status.
b. Contingency plans.
(1) Although not Federally required, AR 200-1 (para 3-3b) requires facilities
to include a contingency/response plan for hazardous substances as part of an
SPCCP.
(2) HW contingency plans should also be part of the SPCCP.
c. Plan preparation. Guidance on the preparation of an SPCCP can be
obtained from 40 CFR 110 , 40 CFR 112, 40 CFR 300 , 40 CFR 302 , 61 FR
28642, and USAEC's Regulatory Guidance for Fuel Tanker Trucks at Army
Facilities.
d. Implementation and review of a SPCCP.
(1) Ensure the SPCCP is signed by the installation or garrison commander
or the appropriate installation authority. This authority includes the ability to
implement the requirements of the plan in a timely manner during an emergency.
(2) Ensure the SPCCP is reviewed and approved by a professional
engineer (PE) registered in the state the installation is located in with his or her
seal and signature on a signature page.
(3) Include a signature page for review and concurrence when a change in
command takes place. This procedure provides a good opportunity to brief the
response organization.
(4) Review the plan annually and update it as necessary. A PE must
recertify the plan when changes occur in installation design, construction,
operation, or mission.
(5) Maintain a current, original SPCCP, with appendices, for on-site review
by EPA or state representatives. Appropriate sections of the spill plans should be
located at potential spill sites if the facility is normally attended at least 8 hours
per day. If attended less than 8 hours per day, keep the plan at the office
responsible for the facility. Workers must know of the plan and how to execute
their responsibilities in case of an emergency.
(6) Provide the SPCCP to state or EPA officials for review if requested or
required (see 40 CFR 112.4 and the appropriate state regulations).
(7) Implement the SPCCP, including required construction, installation of
equipment, periodic health monitoring, and safety and occupational health (SOH)
training of personnel.
(8) Prepare and implement a SPCCP for newly activated facilities before
operations commence, or coordinate with the installation environmental office to
ensure that activities will be covered by an existing plan.
(9) Brief operating personnel at intervals frequent enough to ensure
adequate understanding of the SPCCP. Conduct annual training exercises in
addition to briefings.
3-4. Facility Response Plan
a. Installations that store or use oil or hazardous substances must plan for
spills or releases that could damage the environment.
b. The FRP should be integrated into the SPCCP. The one plan will integrate
various emergency response plans at an installation into an integrated
contingency plan that will provide coordination of response activities within the
facility, minimize duplication, and simplify plan development and maintenance.
c. Spill contingency planning should be commensurate with the quantity,
volume, and toxicity of the oil or hazardous substances used and the potential for
environmental damage.
d. The potential for spills and releases should be included in planning for field
exercises and training activities.
e. Formal FRPs are required when significant damage to the environment
may occur.
f. At a minimum, spill planning should include the following:
(1) Provisions specifying the responsibilities, duties, procedures, and
resources to be used to contain and clean up spills, including those for a regional
response team (RRT) when implementing the National Contingency Plan (NCP).
(2) A description of immediate response actions that should be taken when
a spill is first discovered.
(3) The name, responsibilities, and duties of the OSC. The OSC is the
official that coordinates and directs Army control and cleanup efforts at the scene
of an oil or hazardous substance spill on or near the installation.
(4) Provisions for emergency response. If in-house response capability is
needed, these provisions may include the specifications, composition, and
training plans of the installation response team (IRT), which are directed by the
OSC. There may also be a contract or cooperative agreement for response
services from outside agencies or contractors. Identify a response operations
center.
(5) Procedures to alert and mobilize the IRT, including provisions to access
a reliable communications system for timely notification of an oil or hazardous
substance spill.
(6) A current list of the persons and alternates who are on call to receive
notice of an oil or hazardous substance spill. The list should contain the
following:
(a) Procedures for reporting an oil or hazardous substance spill, both by
telephone and in writing.
(b) The names, positions, telephone numbers (home and work), and
addresses of individuals representing key organizations and agencies to be
notified when a discharge is discovered.
(7) Surveillance procedures for early detection of oil and hazardous
substance spills.
(8) The quantities and locations of personnel, equipment, vehicles,
supplies, and material resources. Define specific actions for various magnitudes
of potential spills that are identified in the SPCCP inventory lists. Provide a
prioritized list of the various critical water uses that must be protected in the
event of a spill.
(9) Other resources available to an installation to clean up or reclaim a
large spill due to Army activities, if such a spill exceeds the response capability of
the installation (for example, assistance from the U.S. Coast Guard (USCG), Air
Force, Navy, or private contractors). Include outside contractors or resources
available that can expeditiously contain, recover, and remove harmful quantities
of oil or hazardous substances spilled as a result of Army activities on or near the
installation.
(10) Procedures to request assistance and agreements to quickly acquire
resources during a major disaster or response situation.
(11) Procedures and techniques used to identify, contain, disperse,
reclaim, and remove oil and hazardous substances used in bulk quantity on an
installation. Identify chemicals and equipment that may be used to concentrate,
neutralize, collect, disperse, and remove oil or hazardous substance spills. Take
pollution control actions per applicable regulations, EPA guidelines, and the
NCP.
(12) Army resources useful to the RRT in case Army agencies are asked to
aid in the cleanup of a spill not due to Army activities. AR 500-60 contains
procedures to recover costs encountered during the cleanup of such spills.
Coordinate with the Local Emergency Planning Committee (LEPC) and the State
Emergency Response Commission when responding to these actions.
(13) A description of safety precautions for known hazardous substances
on the installation.
(14) A public affairs appendix describes the procedures, responsibilities,
and methods for releasing information to the public in the event of a spill.
(15) An emergency medical-support ready-reference list to facilitate
obtaining on-site medical support. Coordinate with the Installation Medical
Authority (IMA) and the Director of Emergency Medical Services.
g. Implementation, training requirements, and review of FRPs.
(1) Installations and activities will maintain a current FRP that will be
reviewed and evaluated annually. Any changes that affect spill potential or
capability must be entered into the plan immediately. Any amendment made to
the SPCCP must be reflected in the FRP.
(2) Yearly training will be provided to test the effectiveness of FRP
personnel and equipment. The purpose of this training is to ensure a timely and
effective response in case of a spill. MACOMs may approve a different training
schedule for those installations where yearly training is not appropriate or where
less frequent training is sufficient.
(3) Copies of FRPs, with changes, will be kept on file at the installation in
the emergency operations center, fire department, public works office, preventive
medicine office, safety office, security office, PAO, environmental office, and
each site that stores, handles, or transfers oil or hazardous substances for which
there is a reasonable possibility of a significant spill.
(4) Installations will coordinate spill response planning, actions, and
training with the safety office and the IMA. This coordination will help ensure
compliance with safety and health requirements and inclusion in the installation's
occupational health monitoring program. Assistance in locating appropriate
training can be provided by the USACE and USAEC. (Also see para 15-13 of this
publication.)
3-5. Radiological spills and contingencies
a. The requirements for the management of radiological spills and
contingencies are defined in 10 CFR 20, 10 CFR 30, 10 CFR 40, and 10 CFR 70.
b. Spills of radiological material occurring on installations require immediate
action. The environmental office does not, however, have lead responsibility in
handling such spills. The installation radiation protection officer (RPO) and the
installation safety office must be immediately notified to respond. The source
material in most radioactive commodities is sealed and, therefore, not prone to
leakage. The Nuclear Regulatory Commission (NRC) licenses each commodity
or class of commodities. These licenses are held by elements of the Army
Materiel Command (USAMC). These licenses contain specific procedures for the
reaction to spills or other accidents or incidents.
c. Care must be taken with regard to tritium sources. Tritium, in the form of a
gas or water vapor, is typically sealed in glass ampoules and used for its
luminescent properties. Breakage of the ampoule, especially indoors, can result
in contaminated surroundings and extensive cleanup requirements. Most of the
other commodity isotopes, while possibly harmful if ingested, would not be a
radiation problem unless involved in a fire or other incident where they could be
spread. They include the following:
(1) Americium 241 (chemical agent detectors).
(2) Cesium/beryllium (MC1 soil moisture density detectors).
(3) Nickel 63 (chemical agent monitors).
(4) Plutonium 239 (RADIAC calibrators).
(5) Strontium 90 (RADIAC calibrators).
(6) Cesium 137 (other calibrators).
(7) Thorium 232 (night vision devices and aircraft components).
(8) Depleted uranium (munitions and armor).
(9) Radium (old gauges and dials).
d. If a spill occurs, double wrapping in plastic bags should immediately
contain the source. Personnel in the area must be notified of the situation. Those
exposed must remain in the general area, if possible, but away from additional
exposure to the immediate incident area to avoid spread of the contamination.
Personnel should remain upwind of a fire or other environmental release. The
area must be isolated to avoid increased exposure. The RPO must monitor the
area and determine what further action is required. He must also notify the
license holder for the commodity and the USAMC Radiation Safety Office.
e. Personnel possibly exposed to or contaminated with radioactive material
must be monitored for exposure and will require medical evaluation. Since this
may require time critical bioassays, it is imperative that the installation RPO be
contacted immediately to get that process started.
f. The following are Army NRC license holders:
(1) Commander, U.S. Army Communications-Electronics Command
(CECOM), ATTN: AMSEL-SF, Fort Monmouth, NJ 07703-5024 (RADIAC
calibrators, thorium night vision devices, tritium compasses).
(2) Commander, U.S. Army Aviation & Missile Command (AMCOM),
ATTN: AMSAM-SF, Redstone Arsenal, AL 35898-5400 (RADIAC calibration
operations, aircraft components).
(3) Commander, U.S. Army Tank Automotive and Armaments Command
(TACOM), ATTN: AMSTA-CS-CZ, Warren, MI 48397-5000 (MC1 moisture
density gages, tank armor, radium gages).
(4) Director, U.S. Army Armament and Chemical Acquisition and Logistics
Activity (ACALA), ATTN: AMSTA-AC-SF, Rock Island, IL 61299-6000 (tritium fire
control devices, chemical agent detectors, chemical agent monitors, rifle sights,
M7/M8 radioactive check sources).
(5) Commander, U.S. Army Operations Support Command, ATTN:
AMSOS-SF, Rock Island, IL 61299-6000 (depleted uranium penetrators, light
anti-tank weapon sights-M72 series).
3-6. Technical assistance
Technical assistance in preparing SPCCPs and FRPs may be obtained from the
sources below. CWF managers should consult their environmental compliance
coordinator network for sources of technical assistance. (See app B for mailing
addresses and Web sites.)
a. USACE, Installation Support Center.
b. USAEC, Compliance.
c. USACHPPM, Surface Water and Wastewater.
d. U.S. Army Materiel Command Installations and Services Activity (USAMCISA) (for USAMC installations).
Figure 3-1. Sample emergency notification phone list
Figure 3-2. Sample spill response notification information
Chapter 4
Hazardous Materials Management
4-1. Scope
This chapter outlines the procedures to meet the policy goals of AR 200-1 ,
chapter 4.
4-2. Installation Hazardous Material Management Program
a. The Installation Hazardous Material Management Program (HMMP) is
under the direction of the Environmental Quality Control Committee (EQCC). A
working group, typically called the Hazardous Material Control Group (HMCG),
will be formed by the EQCC with the mission of improving hazardous material
(HAZMAT) management at the installation. This typically involves implementing
the integrated management approach needed to obtain "cradle-to-grave" visibility
of HAZMAT and HW throughout the life cycle of procurement, storage, handling,
use, and ultimate disposition at the installation. Intensive management at a level
consistent with the installation's mission and operational requirements is
required.
b. The HMCG is an operating activity of the IC that is empowered to institute
and monitor policy and procedures established to manage HAZMAT and HW.
Consisting of personnel from base operation activities, as well as troop units and
tenants, the HMCG meets regularly to-(1) Review the results of HAZMAT and HW management practices (MP)
that have been previously instituted and make adjustments as necessary.
(2) Develop new MP as required.
(3) Review and authorize authorized use and user lists (AULs).
(4) Review existing and new process technology.
(5) Review various management reports to determine if the policies and
procedures are having a positive effect on the reduction of HAZMAT use and HW
generation.
c. USACE will promulgate guidance for the Army CW program separately.
d. The working group will be cross-functional, with the following
representation as a minimum: Logistics, Safety, Industrial Hygiene, P2, and HW.
Command support is essential to a successful cross-functional HAZMAT
management program. The working group will establish, review, and update
procedures to:
(1) Ensure that the use of HAZMATs is reduced consistent with mission
requirements. Refer to paragraphs 4-2f and 10-2l for discussion of centralized
HAZMAT/HW management business practices as a method to manage
HAZMATs.
(2) Plan, program, and recommend budget resources to effectively manage
and control HAZMATs.
(3) Monitor environmentally proper and safe procedures for the
procurement, tracking, use, storage, and disposal of HAZMATs.
(4) Represent the commander in all matters that pertain to HAZMATs on
the installation/facility. The working group will manage the process substitution,
materials recovery, recycling, and reuse of HAZMATs.
e. HAZMAT inventory management will be considered an integral part of the
Army P2 Program.
(1) Collection of information. Installations will identify and track the annual
procurement, use, and storage of HAZMATs. Data collected will include the unit
or activity, location, material, quantity, and usage and maximum amount stored
per year. Material identifiers, such as the national stock number (NSN) and
common name, will be provided. The NSN or material identification will be tied to
the chemical composition and a material safety data sheet (MSDS). This
information will be used and updated annually for Emergency Planning and
Community Right-to-Know Act (EPCRA), state, and local reporting requirements.
The Hazardous Substance Management System (HSMS) is the Department of
Defense (DOD) standard automation tool to support these processes.
(2) AUL. The AUL will be a key management tool for the working group to
manage HAZMATs at an installation. The working group will approve the use of
the HAZMATs on the AUL and ensure policy is set and met that restricts
HAZMATs to authorized users and locations. The AUL will be reviewed
periodically for material substitution opportunities of HAZMATs with less
hazardous or nonhazardous materials.
f. Contingency plans (see chap 3 ) should include HAZMAT incidents. The
detail and complexity of contingency planning should be based on regulatory
requirements and commensurate with the risk of incident, cost of remediation,
and potential environmental damage. The EQCC, or its designee, should review
all of the contingency plans.
g. The IC will ensure procedures are established to manage HAZMAT
procurement with the goals of source reduction and reduced HW costs. These
procedures will include, at a minimum, the cross-functional working group and
AUL.
(1) The working group will determine the best method to manage the
procurement of HAZMATs, and will institute procedures that control the use of
credit card purchases of HAZMATs. It is important to implement policy that will
reduce the number of supply and procurement systems delivering HAZMATs to
the installation.
(2) The concept of operation for integrated HAZMAT and HW management
will vary from installation to installation. The concept will drive the resource
requirements for its implementation. The operational concepts and initiatives can
include the following:
(a) Establish a centralized HAZMAT management cell.
(b) Establish inventory levels at the user and operator levels.
(c) Implement a HAZMAT tracking system.
(d) Establish reuse procedures.
(e) Establish an authorized user and AUL.
(f) Order and dispense by unit-of-use versus unit-of-issue.
(g) Implement a HAZMAT training and awareness program.
(h) Establish centralized storage and issue of HAZMATs.
(3) The working group will centralize all information pertaining to HAZMATs
such as the inventory list, AUL, personal protective equipment (PPE), and
training requirements. The working group will develop a comprehensive HAZMAT
management implementation plan at their specific installation. Assistance is
available from USAEC. A requirement for the implementation plan is the
documentation of all the current HAZMAT procurement, receipt, storage, and
issue methods for their particular installation. Once documented, the HAZMAT
management implementation will include a plan to gain and maintain visibility of
all installation procurement transaction and storage data as well as HW disposal
data. Centralized management has proven critical to proper HAZMAT
management at both large troop installations and major depot operations.
h. Weapon system acquisition programs should consider the life-cycle cost of
HAZMATs. Decisions regarding the purchase or use of HAZMATs will be based
on an analysis of the cost and benefit of the materials over the entire life cycle of
the material. Cost analysis will begin at the earliest possible stage of the process
(normally the planning and design stage) and will be updated as better
information becomes available. Current EPA or Army guidance manuals and/or
models for life cycle cost analysis will be used.
4-3. Storage and disposal of non-Defense toxic and hazardous
materials
Hazardous or toxic material that is not owned by DOD may not be stored,
treated, or disposed of on Army-owned property except as authorized under 10
USC 2692 . Authorization that requires approval by the Secretary of the Army (for
example, exceptions 8 and 9) should be forwarded through command channels
to HQDA, Department of the Army, Installation Management, Environmental
Directorate (DAIM-ED), 600 Army Pentagon, Washington, DC 20310-0600. All
determinations that proposed storage, treatment, or disposal, within exception 9,
are authorized by 10 USC 2692 and must be reviewed by Army legal counsel.
4-4. Polychlorinated biphenyl management
a. Installations and CWFs with equipment containing polychlorinated biphenyl
(PCB) compounds will-(1) Establish procedures to ensure proper management, handling, and
control of PCBs. Specific responsibilities, personnel training, inspection
procedures, documentation, operation, and management of storage areas and
safe handling practices will be detailed.
(2) Maintain an inventory of all the equipment, including tenant,
subinstallation, and support activities, in service or in storage, that contain PCBs
in concentrations above 50 parts per million (ppm) or as required by law. PCBs
have been used in a wide variety of electrical, hydraulic, and heat-transfer
operations and are found in process equipment, hydraulic systems, electrical
equipment, light ballasts, paints, and oil-filled electrical transformers.
(3) Train persons handling PCBs, or who may have potential exposure to
PCBs, to execute their responsibilities in a safe and environmentally correct
manner. This training may be incorporated into hazard communication training
(29 CFR 1910.1200), emergency response training ( 29 CFR 1910.120 (q)),
and/or other spill response training as long as it addresses EPA specific
recommendations for spill cleanup (see para 4-4c ). Persons working with PCBs
will be provided with proper protective equipment and identified to the IMA for
possible inclusion in a health-monitoring program.
(4) Label equipment-containing PCBs. All oil-filled electrical equipment
without analytical records, service records, or a manufacturer's label stating the
transformer's PCB concentration is subject to the PCB concentration
assumptions in 40 CFR 761.2 . Such assumptions are used to determine the
status of electrical equipment with unknown information relating to its origin
and/or contents. Once the regulatory status of the electrical equipment is
determined, it must be labeled in accordance with the provisions of 40 CFR
761.40 that are applicable to such equipment. Use laboratory analysis or another
EPA-approved method to determine the actual PCB concentration. Retain
documentation of the presence, concentration, or absence of PCBs.
(5) Dispose of PCB equipment through the Defense Reutilization and
Marketing Office (DRMO), following state and local requirements in addition to
Federal PCB regulations. CWFs will consult their logistics office regarding the
use of DRMO or alternate sources.
b. Intact, small PCB items (capacitors and other PCB-bearing equipment
under 3 pounds) are not regulated by 40 CFR 761. However, if their contents are
released to the environment they become regulated, and the release must be
handled in accordance with PCB spill cleanup requirements and reported to the
National Response Center if a reportable quantity of materials is released into a
landfill. Equipment containing small PCB items will be identified with a "contains
PCB" label. Small PCB items will be-(1) Identified on hand-receipts and turn-in documents as containing PCBs.
(2) Removed from equipment before disposal whenever possible.
(3) Separated from regular solid waste and disposed of as PCB waste.
(4) Disposed of or demilitarized by methods that preserve the integrity of
the equipment, as opposed to crushing or other release-resulting processes.
Incineration by approved PCB incinerators is permitted.
c. PCB releases will be handled in accordance with 40 CFR 761.60, 40 CFR
761.61, 40 CFR 761.62, or 40 CFR 761.120, as appropriate, as well as
applicable state and local requirements.
d. The IC or CWF manager will sign the annual report required by 40 CFR
761.180. ICs may not delegate this responsibility except as specified in AR 200-1
, paragraph 1-27a(11). This report must be completed by 1 July of each year.
e. Annual reports, analytical data, inventories, manifests, storage and
disposition records, release reports, and other PCB-related records will be
consolidated and retained at installations and CWFs. These reports include
tenant, subinstallation, and supported activity documentation.
4-5. Storage tank systems
a. Installation and CWF managers must identify state and local requirements
and determine a strategy to ensure compliance.
b. Installation and CWF managers must implement a comprehensive
management strategy to manage storage tanks on Army facilities or under Army
control.
(1) Reduce total storage capacity consistent with mission requirements.
(a) Evaluate tank storage requirements every 5 years, when
considering new tank construction, or with a significant change in mission.
(b) Consider options to on-site storage, such as off-site storage, retail
fueling arrangements, or the use of Defense Logistics Agency (DLA) central
facilities.
(c) Consider the benefits of consolidating storage locations to reduce
storage requirements, improve control, and decrease environmental risks.
(d) Consider just-in-time servicing arrangements and other procedural
techniques to reduce product transfers and handling.
(2) Implement best management practices through written local procedures
to include the following:
(a) Regulatory requirements and local tank management policy.
(b) Responsibilities for tank program oversight, management, and
execution.
(c) Procedures for preventive maintenance and inspection and
maintenance of tank systems, including P2 devices to reduce fuel loss and
environmental damage.
(d) Training for all persons operating tank systems or transferring
products so they know how to operate P2 equipment, respond properly to leaks
and spills, and perform their job in an environmentally safe manner.
(e) Handling procedures to minimize environmental risk.
(f) Procedures to minimize small spills and drips during handling.
Ensure that small spills are immediately cleaned up and reported, if necessary
(see chap 3 ).
(g) Tank tightness testing in accordance with Federal, state, and local
requirements and procedures.
(h) Routine procedures for product usage and inventory controls to
investigate shortages that may be caused by tank system leaks.
(i) Internal control procedures to investigate leaks, spills, or releases.
(3) Ensure tank data and reporting requirements are properly managed.
(a) The use of a tank management software is encouraged, however
use of the TANKMAN software is not required and is not currently supported by
Army helpdesk resources. The purpose of the tank management software is to
enable tank managers to maintain accurate and up-to-date data on all the
storage tanks (underground and aboveground) at the installation. The software
used should allow a tank manager to promptly obtain tank history, compliance
status information, and physical data on all storage tanks.
(b) MACOM, major subordinate commands (MSCs), and ICs/the
Adjutants General (TAGs)/Reserve Support Commands (RSC) commanders will
establish command policy and responsibilities to ensure that aboveground
storage tanks (AST) and underground storage tanks (UST) reports are submitted
according to timelines given in separate data calls; data meet reporting
requirements; and corrections or additions deemed necessary by HQDA,
MACOM, or MSC are completed.
(c) The USAEC storage tank program manager (PM) will serve as the
POC on all matters involving storage tank data; take appropriate action when
data are incomplete, not accurate, and/or not submitted by the scheduled date;
and provide reports on storage tank data to HQDA, MACOMs, MSCs, and
installations as requested.
(d) At a minimum, installations should keep track of the total number of
all types of tanks including USTs, HOTs, oil-water separator tanks, and ASTs.
Data should also be kept on which of these tanks is regulated by either the state
or EPA, which are in compliance with state or EPA regulations, and which are
registered with either the state or EPA. These data elements can be expected to
be requested in data calls in the future. Tank managers are recommended to
track the tank data identified in table 4-1 for tank management purposes.
(4) Ensure an accurate tank system inventory.
(a) Ensure that all tank systems under Army control on the installation,
sub-installations, supported facilities, and CWFs are included. The use of
coordinated information management systems is encouraged.
(b) Regulated and unregulated tank inventories should be separated so
that the regulated tank inventory may be provided to regulators during an
inspection.
(c) The tank inventory should include all regulated tank systems; all
unregulated tank systems; construction, age, and capacity; product stored;
compliance status of each tank system; state or local tank registration
information; and EPR Report (formerly RCS-1383) project numbers and funding
requirements.
c. Installations and CWF managers must have procedures in place for
properly managing leaking or malfunctioning tank systems.
(1) Adhere to implementing agency time frames for reporting and
responding to leaks.
(2) Determine the proper level of release prevention and response planning
based upon site-specific characteristics and regulatory requirements.
(3) Release prevention and response planning should be commensurate
with the amount of toxicity and potential for harm. It should also be consistent
with the release prevention and response requirements of chapter 3 of this
publication.
(4) Tank operators have a working knowledge of product usage and
usually provide the first indicator of a problem. They should maintain good
product inventory controls and records and systematically evaluate usage for
indications of product loss through tank leakage. Investigate shortages and
report suspected leaking tanks to the OSC immediately.
(5) Where leak detection by inventory control is used, follow the specific
requirements addressed by state and Federal regulations.
(6) Ensure that after the completion of repairs or replacement, qualified
personnel have certified the integrity and operation of the system before the
system is returned to service.
d. All out-of-service, temporarily closed, and abandoned tanks must be
removed from the ground within 1 year of last use or discovery, or sooner as
regulations dictate.
e. Removal and site assessment are the prescribed methods for tank closure.
However, where not feasible, tanks may be closed in-place after coordination
with the appropriate regulators and provided that equivalent steps are taken to
protect the environment, identify past releases, and monitor future changes. CW
closure requests will be resolved at the district level.
f. Installation and CWF managers must ensure that all monitoring wells are
installed properly, according to industry standards. A qualified hydrogeologist
should supervise the location and installation of monitoring wells, and all wells
should be marked on installation maps. Wells that are no longer required should
be properly closed.
g. Installation and CWF managers must consider many aspects of tank
construction, replacement, and retrofit as follows:
(1) New tank systems, either replacement or new construction, will be fully
justified. Use total life cycle cost analysis, including ecological sensitivity of the
site, potential for environmental harm, and remediation expenses. Fully consider
off-site alternatives, consolidated storage, or other options that minimize the
storage quantity or number of storage tanks.
(2) Design new tank systems to minimize environmental risk. Assess
environmental risk potential and include appropriate mitigation measures during
the design process.
(3) Drawings and specifications for installing new POLs bulk and retail
storage and dispensing facilities on military installations will be submitted for
review to the Commander, U.S. Army Petroleum Center (USAPC), ATTN:
SATPC-QR, New Cumberland, PA 17070-5008. USAPC may establish review
criteria or waive this requirement.
(4) Persons inspecting tank systems; supervising the installation, removal,
or replacement of tank systems; or performing contractor quality
assurance/quality control (QA/QC) on these operations must be specifically
trained and qualified in performing these duties.
(5) Many states require certified tank installers and notification prior to the
start of any removal or replacement project. Thoroughly test and certify new tank
systems prior to use. This includes the installation and operation of all P2
devices.
(6) Design secondary containment of material impervious to the product
being stored. Provide protection against surface or groundwater contamination.
Provide for product recovery. Design secondary containment to protect against
undetected leaks as well as catastrophic failure.
(a) All new UST systems with a capacity greater than 600 gallons will
use double-walled construction with interstitial leak detection and have cathodic
protection.
(b) New UST systems with less than or equal to 600 gallons capacity
may use single walled construction with cathodic protection.
(7) Retrofit existing USTs with cathodic protection, catch basins, and
overfill warning devices.
(8) Use of the USACE Guide Specifications, applicable to the type of tank
installation, is strongly recommended. Specification preparation must be
coordinated with state and local authorities. Some state and local requirements
are more stringent than the guide specifications.
h. Requirements for AST systems are as follows:
(1) Retrofit existing AST systems with secondary containment and, for field
erected tank systems, retrofit with leak detection systems. Where this is not
feasible, strong contingency procedures must be addressed in the FRP (see AR
200-1 , chapter 3).
(2) Construct new AST systems with alarms (that is, overfill, vapor
protection), cathodic protection, secondary containment, and overfill protection.
i. Heating oil tanks (HOTs) are excluded by the Federal government and most
states from regulation as USTs. Some states may regulate HOTs or releases
from HOTs under the provisions of the CWA. While not eligible as a Class 0,
Class 1, or Class 2H project in the EPR unless there is an applicable requirement
under a state environmental law, preventive measures equivalent to those for
USTs are prudent. Cleanup necessitated by spills from leaking HOTs can be as
expensive as leaks from regulated RCRA-I tanks. Preventive measures are likely
to be less expensive than remediation after environmental damage occurs.
Maintenance of HOTs is a facility's engineering requirement under AR 420-49
with potential environmental implications. Thus, installation environmental
personnel should provide advice to facilities engineering personnel with regard to
prudent management procedures, as necessary.
j. Requirements for tanks associated with oil-water separators are as follows:
(1) By Federal regulation, oil-water separators regulated by either section
402 (NPDES permit) or 307(b) (pretreatment) of the CWA are excluded from
regulation under RCRA-I. Oil collection tanks that are attached to, physically
close to, and a functionally integrated component of an oil-water separator
system that is subject to either section 402 or 307(b) of the CWA should be
considered a part of the oil-water separator system, and thus regulated and
managed under the CWA.
(2) Oil collection tanks that are not covered by either section 402 or 307(b)
of the CWA may or may not be deferred from regulation as RCRA-I USTs,
depending on the operation and location of the oil collection tank. Oil collection
tanks that are physically connected to, but functionally or geographically distinct
from, the operation and location of the oil-water separator should be managed
under RCRA-I, provided that the tanks otherwise qualify as RCRA-I USTs under
42 USC 6991 , 40 CFR 280.10, 40 CFR 280.12, and/or applicable state law.
State law should be consulted to determine whether there are different or
additional requirements for oil-water separators or associated oil collection tanks.
Installation environmental and engineering staff should determine, and clarify
with regulators if necessary, whether an oil collection tank associated with an oilwater separator system falls under the CWA, RCRA-I, or one of the RCRA-I
exclusions and deferrals defined at 40 CFR 280.10.
Table 4-1. Tank data to be maintained
For this data
Tank data
Maintain the following information
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Piping data
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Date installed. Date installed.
Owner (e.g., Government-owned/Governmentoperated). Owner (e.g., Governmentowned/Government-operated).
Material (e.g., steel). Material (e.g., steel).
Contents (e.g., gasoline). Contents (e.g., gasoline).
Leak detection (e.g., inventory control). Leak
detection (e.g., inventory control).
Internal protection (e.g., internal lining). Internal
protection (e.g., internal lining).
Cathodic protection (e.g., galvanic). Cathodic
protection (e.g., galvanic).
AST type (e.g., indoor -stationary). AST type
(e.g., indoor -stationary).
Capacity (e.g., tank volume). Capacity (e.g., tank
volume).
Usage (e.g., dispensing). Usage (e.g., dispensing).
Status (e.g., in use). Status (e.g., in use).
Containment (e.g., single walled vault).
Containment (e.g., single walled vault).
Spill/overfill (e.g., basin). Spill/overfill (e.g.,
basin).
External protection (e.g., asphalt coated). External
protection (e.g., asphalt coated).
Vapor recovery (e.g., indicate type). Vapor
recovery (e.g., indicate type).
Date installed. Date installed.
Containment (e.g., double walled). Containment
(e.g., double walled).
Leak detection (e.g., interstitial monitoring). Leak
detection (e.g., interstitial monitoring).
Material (e.g., copper). Material (e.g., copper).
External protection (e.g., fiberglass reinforced
plastic). External protection (e.g., fiberglass
reinforced plastic).
Cathodic protection (e.g., impressed current).
Cathodic protection (e.g., impressed current).
Compliance data
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Permit data
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Leak information
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NOVs
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Regulated by Army/Federal/state/local. Regulated
by Army/Federal/state/local.
Is the tank in compliance/out of compliance? Is the
tank in compliance/out of compliance?
Is the piping in compliance/out of compliance? Is
the piping in compliance/out of compliance?
Type of permit. Type of permit.
Status of permit (e.g., required but not received).
Status of permit (e.g., required but not received).
Expiration date. Expiration date.
Permit number. Permit number.
Issuing agency. Issuing agency.
Issue date. Issue date.
Permit fee. Permit fee.
Identify all leaking tanks. Identify all leaking
tanks.
Incident numbers. Incident numbers.
Estimated loss of product. Estimated loss of
product.
Items receiving the NOV (e.g., tank/piping/both).
Items receiving the NOV (e.g., tank/piping/both).
Type of NOV (e.g., administrative). Type of NOV
(e.g., administrative).
Issuing agency. Issuing agency.
Notice date. Notice date.
NOV identification. NOV identification.
Regulatory requirement. Regulatory requirement.
Actual (or projected) compliance date. Actual (or
projected) compliance date.
Test data
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Test type. Test type.
Results. Results.
Tank testing and/or certification contractor (prime
and sub). Tank testing and/or certification
contractor (prime and sub).
Closure data
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Filing date of tank closing plan. Filing date of tank
closing plan.
Site assessment: date, results, and remarks. Site
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EPR report
project/budgeting
information
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assessment: date, results, and remarks.
Removal. Removal.
Remediation. Remediation.
EPA project number. EPA project number.
Compliance status. Compliance status.
EPA class number. EPA class number.
Funding code. Funding code.
Required date. Required date.
Planned cost. Planned cost.
Planned completion date. Planned completion
date.
Actual cost. Actual cost.
Actual completion date. Actual completion date.
4-6. Lead hazard management
a. General. Army installations worldwide are required by AR 420-70 to
provide and maintain a comprehensive Lead Hazard Management Program
(LHMP). CWFs can adapt the guidance in this regulation to their facilities and
operations, as appropriate. A successful program entails participation from a
variety of technical disciplines that include the Directorate of Public Works
(DPW), Director of Logistics (Director of Supply) (DOL), and industrial
hygiene/safety, preventive medicine, legal, housing, public affairs, and
environmental offices.
b. Lead-based Paint (LBP) Hazard Management Program.
(1) Establishes procedures to manage and control lead hazards that follow
applicable Federal, state, and local regulations.
(2) Assumes painted surfaces in or on facilities constructed prior to 1978
contain LBP unless documented testing or historical data indicate that only nonLBP was used.
(3) Ensures contracts for projects involving the removal and disposal of
lead-contaminated material at military installations are reviewed and approved by
the environmental coordinator (EC) and comply with RCRA household hazardous
waste requirements. Contracts must require compliance with all applicable
environmental regulations under the Toxic Substances Control Act (TSCA), Title
IV, and state or local LBP regulations, including all applicable disclosure
requirements during transfer or lease of residential property or notification prior to
remodeling or renovation of target housing.
(4) Complies with Title X of Public Law (PL) 102-550 .
c. Guidance. Additional guidance on lead exposure reduction may be
obtained from the Army lead and asbestos Web site (
http://www.hqda.army.mil/acsimweb/fd/LeadAsbestos/pages/home.htm ).
4-7. Hazardous material technical assistance
Installations and MACOMs may obtain technical assistance on handling
HAZMATs and disposal procedures from the sources below. Managers at CWFs
should consult their environmental compliance coordinator network for sources of
technical assistance. (See app B for mailing addresses and Web sites.)
a. DOD Pesticide Hotline, DSN 584-3773, commercial 410-671-3773.
b. HQDA DASG-HS.
c. HQDA DAMO-NCC.
d. Office of the Director, Environmental Programs (ODEP), Compliance.
e. USACHPPM, Hazardous and Medical Waste. Request for guidance on the
ultimate disposition of excess and unserviceable hazardous chemical stocks
should include the following:
(1) NSN.
(2) Complete nomenclature and/or trade name.
(3) Ingredients and their percentages.
(4) Military specifications.
(5) Quantity or volume intended for disposal.
(6) Manufacturer (include address and telephone number).
(7) Condition of disposal item and its container.
f. USAEC, Compliance.
g. ACSIM, Facilities Policy Division.
h. EPA RCRA, Superfund & EPCRA Hotline, 1-800-424-9346; in the DC area,
call 703-412-9810.
i. DLA Hazardous Technical Information Services (HTIS), 1-800-848-HTIS.
j. National Response Center, 1-800-424-8802.
k. Department of Transportation (DOT) HAZMAT Hotline, 1-800-467-4922.
4-8. Emergency Planning and Community Right-to-Know Act
This paragraph outlines the procedures necessary to meet the Emergency
Planning and Community Right-to-Know Act (EPCRA), EO 12856 , and AR 200-1
, paragraph 4-6.
a. Key concepts. There are two key concepts in understanding EPCRA as
follows:
(1) EPCRA's intent is to inform the public.
(2) A facility has four reporting requirements that are defined, in part, by
both common and separate hazardous substance lists and exemptions-(a) Emergency planning (sections 301-303).
(b) Emergency notification (section 304).
(c) Community right-to-know (sections 311-312).
(d) Toxic chemical release inventory (section 313).
b. Procedures for managing hazardous substance information.
(1) The Emergency Planning and Emergency Notification sections of
EPCRA (sections 301-304) require a report that only needs to be updated as
warranted by a change in conditions.
(2) Section 312 is an annual requirement, due 1 March, if chemical
thresholds are exceeded. In order to provide information required under EPCRA
and EO 12856, a facility needs to inventory hazardous substances located on the
facility, process the information into reports, and then forward them to involved
parties on and off the facility.
(3) HSMS is a DOD-sponsored, automated system for supporting
hazardous substance management under EPCRA and EO 12856, as well as
other safety and environmental risk areas. Currently, facilities using other
automation products and services provided by internal staff or private enterprises
must plan to transition to HSMS.
c. Report preparation.
(1) EPCRA reports, particularly the annual toxic chemical release reports,
are complex and require substantial effort. A major part of this preparation is
applying instructions, including DOD-specific exemptions, for counting hazardous
substances and their components. In some cases, the process involves choosing
among counting options.
(2) EPA guidance for report preparation appears in 40 CFR 372, which
establishes the requirement for the particular report. In addition, EPA publishes
annual instructions (Toxic Chemical Release Inventory Report Form R and
Instructions) for preparing the annual toxic chemical release report in January of
each calendar year (CY).
(3) The Deputy Undersecretary of Defense (Environmental Security)
(DUSD(ES)) published guidance concerning EPCRA and EO 12856 in March
1995 and supplemental guidance in July 1996. This guidance identifies the
exemptions applying to all the services.
(4) Specific guidance for EPCRA reports includes the following:
(a) Emergency planning. The emergency planning requirement
originates in sections 301-303 of EPCRA. Refer to the EPA published report
requirements in 40 CFR 355 .
(b) Emergency notification. The emergency notification requirement
originates in section 304 of EPCRA. Refer to the EPA published report
requirements in 40 CFR 355.
(c) Community right-to-know reporting. The community right-to-know
reporting requirement originates in sections 311 and 312 of EPCRA. Refer to the
EPA published report requirements in 40 CFR 370.
(d) Toxic chemical release inventory reporting. The toxic chemical
release inventory reporting requirement originates in section 313 of EPCRA.
Refer to the EPA published report requirements in 40 CFR 372. HQDA requires
that facilities forward an information copy of the report to USAEC by the reporting
deadline (1 July) each year.
d. Procurement of support services. Assistance with the EPCRA and EO
12856 requirements is available from private enterprises through USACE or
USACHPPM. Services may be procured directly by the facility or through a
USACE district with environmental support expertise. Private enterprises have
provided EPCRA services to the public since 1987.
e. Resources. Facilities identify funding requirements for EPCRA and EO
12856 activities by means of the EPR Report/FEDPLAN (CW) process. Often
funding requirements interrelate with efforts to establish an automated hazardous
substance inventory system and P2 initiatives. Requirements should identify fully
the appropriate priorities for and relationship between each aspect. For many
facilities, an automated inventory system is necessary to prepare a report and,
therefore, could have a priority as high as the report preparation.
4-9. EPCRA technical assistance
Installations and MACOMs may obtain technical assistance on EPCRA and EO
12856 from the sources below. Managers at CWFs should consult their
environmental compliance coordinator network for sources of technical
assistance. (See app B for mailing addresses and Web sites.)
a. ODEP, P2.
b. USAEC, P2.
c. USACHPPM, Air Program.
d. Environmental Awareness Resource Center (EARC), formerly the
Environmental Training Support Center (ETSC). The EARC provides information
on available training and awareness courses and products, including videotapes.
Chapter 5
Hazardous and Solid Waste
Management
5-1. Scope
This chapter outlines the procedures to meet the objectives of AR 200-1 , chapter
5.
5-2. Hazardous waste management
a. Planning. CW guidance is in EP 200-2-3 . While AR 200-1 no longer
requires a formal, IC-approved Hazardous Waste Management Plan, careful
planning is still needed to assume proper management of HW throughout the
installation. HW planning includes the following:
(1) Local policies, operating procedures, and guidance to all installation
units, tenants, and activities that generate or manage HW.
(2) Responsibilities of installation organizations and personnel when
generating, transporting, treating, storing, and disposing of HW.
(3) Responsibilities of subinstallations and other supported facilities when
generating, transporting, treating, storing, and disposing of HW.
(4) Procedures for performing and documenting results of HW
characterizations or generator knowledge used to characterize the waste.
Improper waste characterization is a common source of noncompliance.
(5) Documentation of EPA generator status (large quantity, small quantity,
or conditionally exempt small quantity generator (CESQG)) and EPA
identification numbers.
(6) Type, location, and quantity of HW for each HW-generating activity,
including tenants.
(7) Location of all HW storage, treatment, and disposal units. These
include satellite accumulation points, HW accumulation areas, and RCRA
permitted TSDFs.
(8) Handling procedures for treatment, storage, disposal, or transportation
on- and off-post, including permit and DRMO requirements.
(9) An environmental inspection program to detect and correct conditions
that may lead to noncompliance, a release, or threat to human health and/or the
environment. The program should include routine HW compliance inspections by
the installation environmental office and checklists for use by on-site managers,
such as the unit environmental compliance officer.
(10) A HW training program, including RCRA, Occupational Safety and
Health Administration (OSHA), and spill response training (see additional
information at para 15-13g ). The program should include training for routine HW
compliance inspections by the installation environmental office and checklists for
use by on-site managers, such as the unit environmental compliance officer.
(11) Emergency procedures consistent with installation spill planning (see
chapter 3 ).
(12) Contingency procedures to treat, store, and dispose of HW on a
temporary basis if existing facilities or contracts are unavailable. Identify
temporary storage facilities, alternate disposal sites, and related procedures.
(13) Directory of applicable state and Federal regulatory agencies,
including points of contact (POCs) and telephone numbers.
b. Installation HW inventory. Each installation or Army facility generating HW
will maintain an annual inventory of HW for meeting reporting requirements and
to support the installation P2 program. This inventory covers waste that is
generated, treated, stored, disposed, or transported off-site by the installation
and supporting facilities. For large quantity generators, this inventory will be
consistent with and support the HW biennial report requirement of 40 CFR
262.41. This inventory will be certified by the IC or authorized designee and will-(1) Identify HW generators, locations, processes generating the waste, and
applicable EPA waste codes.
(2) Measure or estimate the amount of each HW generated by each
process.
c. HW permits.
(1) The Army's policy is to reduce the need for RCRA permitted TSDFs as
much as possible. To accomplish this, each installation requesting a new permit
or permit renewal for an HW TSDF must fully justify the request and obtain
approval from HQDA (DAIM-ED) prior to permit application or construction. This
approval authority may be delegated to MACOMs, but copies of all justifications
must be forwarded to HQDA in accordance with the instruction in paragraph 52c(2) below. Permit justifications and requests for approval must address the
following topics:
(a) Discussion of why the installation needs the permit. This discussion
should describe the mission activity that requires managing HW at a RCRA
TSDF, and any external forces that contribute to the need for a RCRA permit.
(b) Discussion of alternative facilities that could meet the waste
management need. The discussion must address suitable or cost-effective
facilities at other nearby DOD installations, sites, or facilities. For HW storage
facilities, the discussion must address why the installation cannot operate using
nonpermitted facilities, such as less than 90-day storage facilities.
(c) Discussion of the feasibility of accepting off-site wastes from other
DOD facilities. Include discussion of the design capacity of the facility and any
regulatory or permit limitations for acceptance of wastes from off-site.
(d) Documentation that all life-cycle environmental compliance costs
have been considered including permitting, closure, post-closure maintenance,
and monitoring costs. Include a current cost estimate and give reference to
supporting EPR projects (include number), if any. This should not be construed
as a requirement to enter EPR projects for closure and post-closure if there are
no plans to close the TSDF.
(e) Documentation that National Environmental Policy Act (NEPA)-type
analysis has been done when required by AR 200-1, AR 200-2 , AR 210-20 , AR
415-15 , or National Guard Regulation 415-15.
(f) Brief description of the Solid Waste Management Units (SWMUs)
that are associated with this permit action and funding account used
(environmental restoration, Army (ER,A) or compliance). Discuss whether
corrective actions could be avoided if you do not pursue this permit.
(g) Approval of the IC.
(2) Installations must forward their justifications and requests for approval
through command channels to HQDA early in the process of seeking a permit or
permit renewal. For permit renewals, the request should be submitted at least 1
year prior to the permit expiration date. For new permits, the request should be
forwarded as soon as the decision is made that a permit is needed and at least
60 days prior to submitting your request to your regulator. MACOMs must
forward copies of the justifications to USAEC, Compliance Branch, ATTN: SFIMAEC-EQC, Aberdeen Proving Ground, MD 21010-5401.
d. Transportation of HWs.
(1) HWs must be transported in accordance with DOD 4500.9-R , chapter
204 that addresses transportation of HAZMATs and the applicability of DOT
regulations (49 CFR) when transporting HAZMATs.
(2) Transportation of HW from Reserve and Guard facilities.
(a) Facility managers/commanders (and/or their appointed/authorized
"designee" with the mandatory regulatory compliance training and knowledge) of
supported small quantity generator (SQG)/CESQG off-post facilities will sign
manifests for their facility after coordination and review by the IC (and/or their
appointed/authorized supervisory "designee"). Review can be accomplished by
telephone or fax. A copy of the completed manifest and supporting documents
will be forwarded to the Reserve support command (RSC) or TAG's designated
office.
(b) Transportation records will be kept at each facility that generates
HW and is staffed during normal business hours. Records for facilities not
normally staffed during normal business hours will be maintained at the RSC or
the State Adjutant General's (AG's) designated/environmental office, with a
notice provided at the generating site listing a POC and location where records
may be inspected. In addition to records pertaining to individual HW shipments,
records must include pertinent training records required by DOT and pertinent
HW regulations.
e. Disposal of HW.
(1) Minimization options. The installation EC will recommend to the IC the
most cost-effective and efficient means of recycling, recovering energy, and
reducing, treating, or disposing of toxics through DRMO. These
recommendations will be consistent with applicable regulations. Priority will be
given to on-site recycling, energy recovery, or treatment methods.
(2) DRMS. The DOD and Army policy is to use the Defense Reutilization
and Marketing Service (DRMS) for the disposal of HW. Army installations will
dispose of HW in accordance with DOD 4160.21-M .
(a) Installations must attempt to resolve waste disposal problems with
their DRMOs through the MACOM chain of command and the DRMS. A process
for resolution of HW disposal problems is outlined in appendix C, paragraph C-1 .
(b) A request not to use the DRMS for HW disposal may be considered
in cases where the installation has been unable to resolve problems with their
DRMO or where the DRMO is unable to perform the disposal mission in
compliance with RCRA. The request must be approved by MACOMs and
justification must be forwarded to HQDA(DAIM-ED-C). This process is outlined in
appendix C, paragraph C-2 .
(3) Installation HW disposal responsibilities.
(a) Ensure that all HW disposal contracts adhere to the contract
standards at attachment 2 of DOD 4160.21-M and in appendix C, paragraph C-4
of this DA PAM.
(b) Advise the DRMO of any change in disposal procedures to be sure
there is no breach of an existing contract.
(c) Select disposal or treatment practices that reduce generation, land
disposal, and incineration of HWs (see also para b above).
(d) Develop an execution plan providing sufficient resources to properly
administer the contract.
(e) Ensure contracts include provisions for waste recycling when
markets exist; disposal of spill cleanup or corrective action residues; waste
analysis, labeling, packaging, and transport; and audits of the TSDFs accepting
the installation's HW.
(f) Ensure that all contracts for waste disposal are reviewed by the
installation EC, legal officer, safety officer, and contracting officer, and approved
by the IC.
(g) Where feasible, minimize the generation of quantities of HW through
resource recovery, recycling, and/or source separation, and eliminate the use of
HW through nonhazardous substitutes and acquisition policies.
(h) Provide all available information to DRMS, as required, to complete
environmental documentation such as environmental impact statements (EISs)
associated with disposal.
(i) Identify known hazards contained in property (especially when turned
in for demilitarization (DEMIL) or as scrap), regardless of condition, that meet the
definition of HAZMATs (such as mercury switches, PCB capacitors, batteries,
asbestos, radioactive components, etc.) and contained fluids (such as oils,
cooling fluids, etc.) that could create conditions that are hazardous to human
health and the environment.
(j) Properly identify, package, label, and certify conformance with
established environmental, safety, and transportation criteria (29 CFR, 40 CFR,
and 49 CFR, host nation or international transportation regulations, and
International Maritime Dangerous Goods (IMDG) guide) before transporting HW
in commerce.
(k) Alert DRMS to any local situation that could impact HW disposal.
(l) Allow DRMOs to receive and store hazardous property, both
HAZMATs and HW, from off-site DOD generators, consistent with the DOD
concept of providing regional storage and disposal capability for DOD activities
(within the authority of storage permits/applications existing on the issuance date
of this pamphlet).
(m) Provide for disposal of the following categories of regulated
property:
(1) Toxicological, biological, and radiological materials and lethal
chemical warfare materiels that, by U.S. law, must be destroyed. Once the
appropriate destructive actions are taken to meet the military regulations, the byproducts may then be turned in to the servicing DRMO.
(2) Material that cannot be disposed of in its present form due to
military regulations such as ammunition, explosives and/or dangerous articles
(AEDA) and controlled medical items. This category includes those instances
where military regulations require the obliteration of all markings that could relate
excess material to its operational program. Once the appropriate actions are
taken to meet the military regulation, the resulting material should then be turned
in to the servicing DRMO.
(3) DLA/DRMS HW disposal contracts do not cover the disposal of
ammunition, explosives, or explosive materials or wastes as defined in the
Bureau of Alcohol, Tobacco, and Firearms (27 CFR), the DOT (subpart C of 49
CFR 173), or the Defense Federal Acquisition Regulation (FAR) Supplement
(paras 252.223-7002 (a)(1) and (2)(i), (iii), (v), and (vi)).
(4) Disposal of contractor generated HAZMAT or HW is the
contractor's responsibility. The EPA identification number holder (normally the IC)
must ensure appropriate control of these materials or wastes is maintained and
ensure they are transported and disposed of in compliance with applicable
environmental laws and regulations.
(5) Refuse and other discarded material that result from mining,
dredging, construction, and demolition operations. However, residue from
construction and demolition that meets the regulatory definition of hazardous
debris may be turned in to the servicing DRMO for disposal on service contracts.
(6) Unique wastes and residues of a nonrecurring nature generated
by research and development (R&D) and experimental programs that are outside
the scope of DLA service contracts.
(7) Infectious medical waste or, for overseas, medical waste
regulated by the host nation and under FGS guidelines, including hospital
generated infectious waste generated in the diagnosis, treatment (for example,
provision of medical services), or immunization of human beings or animals, in
research pertaining thereto, or in the production or testing of biologicals.
(8) Radioactive mixed wastes that satisfy the definition of
radioactive waste subject to the Atomic Energy Act and also contain waste that is
either listed as an HW in 40 CFR 261, subpart D, or that exhibit any of the HW
characteristics identified in 40 CFR 261, subpart C.
(n) Provide funding for service contract disposal of HW or for special
requirements or services requested on the DLA disposal service contract.
(o) Provide funding for special generator fees levied by states on
specific waste streams generated in the state levying the fee, or other state
generator fees, as may be required by law and as approved by the installation
environmental attorney.
(p) Notify and coordinate with DLA/DRMS, prior to taking action on any
regulatory findings and/or payment of fees or penalties, HW disposal on DLA
disposal contracts.
(q) Identify disposal requirements to the DRMOs as early as possible.
(4) The DRMS/DRMO responsibilities are detailed in DOD 4160.21-M .
f. RCRA Biennial Report. Army installations must submit a copy of their
RCRA Biennial Report as mentioned in paragraph b above, to their MACOM at
the same time they submit it to their HW regulator. MACOMs will forward a single
copy of these reports to USAEC, ATTN: SFIM-AEC-EQC. In April of evennumbered years, the USAEC will enter the data into an Army-wide database and
provide MACOMs their data. This database is very helpful in targeting P2
initiatives and determining where and how new HW rulemakings will impact the
Army.
5-3. Waste minimization
Installations must include waste minimization in their Integrated Solid Waste
Management (ISWM) and P2 Plans. (For guidance, refer to AR 200-1 , para 510, and paras 5-9 and 10-3 of this publication.)
5-4. Military munitions
a. Guidance. This paragraph expands upon the Conventional Explosive
Ordnance Operations (see AR 200-1 , para 5-5) and provides guidance that
supersedes the Deputy Assistant Secretary of the Army for Environment, Safety,
and Occupational Health (DASA(ESOH)) Memorandum referred to in AR 200-1.
b. Federal regulation. The EPA published the final Military Munitions Rule (62
FR 6621) on 12 February 1997. The rule identifies when conventional and
chemical military munitions become HW subject to regulation under the RCRA.
The Rule became effective 12 August 1997.
(1) Definitions.
(a) When munitions are not solid waste. Military munitions are not solid
waste when used for their intended purpose, including use in training military
personnel or explosives and munitions emergency response specialists; use in
research, development, testing, and evaluation (RDT&E) activities; or when
recovered, collected, destroyed, or treated on-range during range clearance
activities at active or inactive ranges. Unused munitions, or subcomponents
thereof, are not a waste when being repaired, reused, recycled, reclaimed,
disassembled, reconfigured, or otherwise subject to materials recovery activities.
(b) When munitions are solid wastes. Unused military munitions are
solid wastes when abandoned by being disposed of, burned, incinerated, or
treated prior to disposal; removed from storage for the purpose of being disposed
of, burned, incinerated, or treated prior to disposal; deteriorated or damaged
beyond repair, recycling, or reuse; or declared wastes by an authorized military
official. Used military munitions are wastes when transported off-range for
purposes of treatment (but not recycling), disposal, or treatment prior to disposal;
when recovered, collected, and disposed of by burial, land filling, or land
treatment on- or off-range; or if the munition lands off-range and is not promptly
rendered safe and/or retrieved.
(2) Closed, transferred, and transferring ranges. EPA has postponed final
action on whether military munitions on closed, transferred, or transferring ranges
are solid wastes until DOD issues its Range Rule. The proposed DOD Range
Rule, which was submitted to the Office of Management and Budget (OMB) in
June 1997, sets forth a process for addressing unexploded ordnance (UXO) and
other contaminants at these ranges.
(3) Storage. Waste military munitions may be stored under the new subpart
EE standards ( 40 CFR 264 and 265 ) or under a conditional exemption (CE).
The CE exempts military munitions from RCRA storage requirements if certain
conditions are met. The CE is only available to waste military munitions stored in
states that have adopted this provision of the Military Munitions Rule.
Installations should request assistance from their regional EC to determine their
state's adoption status. For munitions to qualify for the exemption, they must not
be chemical munitions, and they must be subject to the jurisdiction of the
Department of Defense Explosives Safety Board (DDESB), stored in accordance
with the DDESB's standards (no waivers are allowed), stored in units identified to
regulators, and inventoried annually and inspected quarterly. Certain reporting
and notification requirements also apply. (For more information, see DA PAM
385-64 ).
(4) Transportation. A CE also exists for the transportation of nonchemical
munitions. The CE is only available to waste military munitions transported in
states that have adopted this provision of the Military Munitions Rule.
Installations should request assistance from their regional EC to determine their
state's adoption status. A RCRA manifest is not required for shipments of CE
waste nonchemical munitions between military facilities if shipments comply with
DOD shipping controls, including the use of specific forms. Reporting and
notification requirements also apply. In addition, marking and manifesting
requirements have been eliminated for HWs that are transported on a public or
private right-of-way within or along the border of contiguous properties under the
control of the same person. However, DOT marking and shipping paper
requirements may still be required. Thus, military generators may transport HWs
from one area of an installation to another by using a public highway that passes
through the installation.
(5) Emergency response. Emergency response personnel are exempted
from RCRA generator, transporter, and full permit requirements. A RCRA
emergency permit is required in those cases where the emergency does not
pose an immediate threat and can be delayed without compromising safety or
increasing the risk to life, property, health, or the environment. Records of the
actions taken must be maintained for 3 years.
(6) Permit modifications. The Military Munitions Rule allows a grace period
during which DOD facilities may seek modifications of their permit to remove offsite waste restrictions that might bar receipt of newly defined waste munitions. A
permittee may continue to accept waste military munitions despite an off-site
waste restriction if-(a) The facility was already permitted to handle waste military
munitions; and
(b) The permittee submitted a Class 1-modification request to remove
the restriction on or before the Military Munitions Rule became effective in the
state.
c. State regulations. The Military Munitions Rule adopts the traditional RCRA
approach to state authority. Accordingly, states may adopt more stringent
requirements for military munitions than the Federal requirements. It may take
several years for states to finalize their regulations on how they plan to manage
waste military munitions. Pending state adoption of the Federal Military Munitions
Rule or state promulgation of more stringent requirements, installations will meet
the minimum standards of the Federal Military Munitions Rule. In situations
where compliance with state specific requirements affects explosives safety,
installations will immediately notify their chain of command for resolution.
d. DOD policy. In an effort to ensure consistent interpretation and
implementation of the EPA Military Munitions Rule, a joint service Munitions Rule
Implementation Council developed a DOD Policy for Implementation of the EPA
Military Munitions Rule, released by the Deputy Chief of Staff for Logistics
(DCSLOG) on 3 September 1998.
5-5. Chemical warfare agents
The technical and procedural requirements for chemical warfare agents are
contained in AR 50-6 , AR 385-61 , and DA PAM 50-6 .
5-6. Pesticides
(For specific guidance, see AR 420-76.)
5-7. Medical, dental, and veterinary supplies and health care
facilities
The technical and procedural requirements for medical, dental, and veterinary
supplies and health care facilities are contained in AR 40-5 , AR 40-61 , AR 190-
51 , and USACHPPM TG 190. The Military Item Disposal Instruction (MIDI)
system can be used for guidance on disposal of a wide variety of military items.
(For further information on the MIDI system, contact USACHPPM.)
5-8. Resource Conservation and Recovery Act and the National
Environmental Policy Act
(For specific requirements and guidance, see AR 200-2 and ER 200-2-2.)
5-9. Solid waste management
Solid waste is municipal-type garbage, trash, and refuse resulting from
residential, institutional, commercial, agricultural, and community activities, which
can be disposed of in a state or locally permitted sanitary landfill, regulated as a
solid waste under subtitle D of the RCRA and overseas by host nation laws and
regulations and the implementing FGS for the host nation. Installation Solid
Waste Management programs will be conducted in accordance with AR 200-1 ,
chapter 5, and AR 420-49 . CWF can adapt this guidance to their facilities and
operations, as appropriate.
a. References. Technical and procedural requirements for the solid waste
management program are contained in EPA 530-R-95-023, PWTB 420-46-08,
PWTB 420-47-03, PWTB 420-47-05, PWTB 420-47-06, PWTB 420-47-07,
PWTB 420-49-07, TM 5-634 , EPA 530-R-95-023, USACHPPM TG 197, 60 FR
21386, 62 FR 219, and 63 FR 165.
b. Integrated Solid Waste Management Plans (ISWMPs). Each installation
must have an ISWMP in accordance with AR 420-49 that clearly states the
purpose of the plan, program objectives, and applicable Federal, state, local, and
Army regulatory standards/criteria. Guidance on preparing ISWMPs is provided
in USACHPPM TG 197. The plan will define and document the current
installation's Solid Waste Management Program, set goals for improving solid
waste management practice to include source reduction and affirmative
procurement, and specify strategies to achieve those goals. The scope of the
ISWMP will include, but is not limited to, assignment of responsibilities; waste
characterization; reduction of waste generation; waste stream diversion by reuse,
recycling, and composting; collection and storage methods; and disposal by
incineration and landfill. Reduction of waste generation (source reduction) is the
most favored alternative. Overall ISWMP objectives, as well as detailed
considerations that should be addressed for each of the program elements listed
above, are also provided in USACHPPM TG 197. Including all of the details
regarding ISWM planning is beyond the scope of this pamphlet.
c. Source reduction. Strategies for source reduction should be given the
highest priority in managing solid wastes. Each installation must implement
source reduction practices in accordance with AR 420-49. Practices may include
procurement programs, innovative buying policies, P2, material reuse, donation,
process alterations, and MP that minimize waste generation. More detailed
practices are provided in EPA 530-R-95-023 and USACHPPM TG 197.
d. Affirmative procurement. Installations are required to purchase certain
products with recovered materials as specified in the Comprehensive
Procurement Guidelines and the Recovered Materials Advisory notices (62 FR
219, 13 Nov 1997, and 63 FR 165, 26 Aug 1998).
e. Recycling.
(1) To meet the DOD Pollution Prevention Measure of Merit, each
installation must establish or expand an installation-recycling program in
accordance with AR 420-49. Installations are encouraged to operate qualified
recycling programs (QRPs). However, alternatively structured programs can be
used where a QRP is not the best option. Installations must evaluate the
economic feasibility of participating in cooperative ventures with state, local,
regional, or private sector systems.
(2) The DLA is charged with the sale of recyclable materials generated
from military services through the DRMO. Installations with QRPs are
encouraged to consider the use of the direct sales authority provided for in
current DA policy. Installations may sell their recyclables directly rather than
through the DRMS/DRMO if-(a) Direct sales are expected to result in increased proceeds, net of
cost, increased efficiency or cost effectiveness; or
(b) The sale of the material will result in the direct return of a usable
product containing that material. Note that host nation laws and/or regulations
may prohibit or restrict the direct sales of U.S. government excess property to
third party interests.
(3) The Army requires QRPs that directly sell fired brass and authorized
range cleanup to have personnel, who are trained in the identification and
recognition of AEDA, inspect such material for compliance with DODI 4715.4 and
DUSD(ES) implementation guidance. Attendance at the Corps of Engineers
Professional Development Support Center (PDSC) Huntsville Qualified Recycling
(AEDA) Training (Prospect Course #444) fulfills this requirement.
f. Composting. In accordance with AR 420-49, installations must consider
composting as a management option for grounds keeping wastes. Backyard
composting guidance and equipment should be made available to on-post
residents.
g. Disposal.
(1) Installations should minimize the use of Army-operated landfills and
solid waste disposal facilities. Army installations will evaluate cost effectiveness
and feasibility of obtaining solid waste disposal services from municipal systems,
regional cooperative entities, or the private sector. A life cycle cost analysis will
be conducted to examine the cost effectiveness in accordance with AR 420-49 .
(2) Installations are responsible for permit applications and renewals,
operation and maintenance, and closure of Army-owned landfills. Army landfills
are subject to state and local environmental standards and to 40 CFR 258,
RCRA subtitle D. The Federal role is to establish the overall regulatory direction,
but the actual planning and implementation of solid waste programs under
subtitle D is largely a state and local function. Therefore, permitting and other
requirements (that is, design and operating criteria, environmental monitoring,
and closure/post-closure) associated with landfill operation should be
coordinated with state and local solid waste regulatory officials.
h. Construction and demolition (C&D) waste management.
(1) Interim policy for C&D waste management (60 FR 21386, 1 May 1995)
requires installations to initiate formal C&D waste management programs. The
program objective is to ensure that, to the extent practical and economically
feasible, all materials demolished from existing structures and all waste materials
generated during new construction are either salvaged for resale, salvaged for
reuse, or appropriately recycled in lieu of disposal.
(2) Installations must follow the affirmative procurement requirements for
construction materials with recycled content on all construction projects. (See
para 10-2j for additional information on affirmative procurement.)
(3) In accordance with AR 420-49, C&D debris should be recycled when
possible. C&D debris landfills may be located on Army installations where they
are life cycle cost (LCC) effective. C&D debris disposal must meet the criteria of
40 CFR 257, which ensures protection of natural resources and human health.
C&D debris landfills will be operated in accordance with applicable Federal and
state regulations.
i. Reporting. Installations must report solid waste and recycling data through
their MACOM to HQDA using the Solid Waste Annual Reporting (SWAR) system
on a quarterly basis. The annual reporting dates are posted on the SWAR Web
site ( http://www.htscm.com/Amcisa/Swar/001S/swar99001.htm ). C&D waste
management programs and practice will also be reported using SWAR. Details
on the reporting requirements are referenced in 60 FR 21386.
5-10. Funding Army solid waste and HW disposal
a. Solid and hazardous waste disposal is considered a routine cost of doing
business. Installations, including OCONUS and CWF, will fund waste disposal.
Solid waste disposal will not be funded with environmental funds, nor will projects
for these costs be entered into the EPR Report/FEDPLAN. Only projects to
upgrade solid waste disposal facilities to attain/maintain compliance with
environmental standards will be entered into the EPR or funded with
environmental funds.
b. Management of recycling is considered a routine cost of doing business.
Recycling operation and manpower are not an environmental cost and should not
be included in the EPR.
5-11. Resource Conservation and Recovery Act compliance
a. RCRA noncompliance issues and enforcement actions (ENFs) will be
resolved as soon as possible after being identified, regardless of the information
source or violation notice. All ENFs will be reported according to the procedures
outlined in chapter 13 .
b. Compliance regulations will be included in the internal control procedures.
c. If an alleged act or acts of noncompliance cannot be resolved informally,
the IC or CW district commanders and their counterparts outside the district
structure will enter into formal settlement negotiations. Where appropriate, ENFs
will be resolved by negotiating and entering into a compliance agreement with
the issuing regulatory agency.
(1) The IC will enter into agreements in good faith and achieve RCRA
compliance as soon as possible. The IC will negotiate compliance agreements
with realistic compliance schedules. To the extent practicable, the compliance
agreements will be consistent with the DOD program and budget process. The IC
will tailor language in the compliance agreements to prevent obligating funds in
violation of the Anti-Deficiency Act, 31 USC 1341 .
(2) The IC will determine if funds are available to execute the requirements
of the Compliance Agreement during the negotiation process. If the funds are
available, they will proceed immediately. If a current fiscal year (FY) funding
shortfall is identified, the commander must submit a request for additional funds
through resource management channels. If a funding shortfall is identified in a
budget or program year, commanders will make sure adequate funds are
requested. Military funds are requested in the installation/command budget
request for input to the program objective memorandum (POM). If shortfalls
occur, procedures in the compliance agreement for notifying the EPA and state
officials will be followed. ICs will advise HQDA (DAIM-ED-F) of shortfalls in
writing through command channels. The CW commanders will follow established
budget procedures.
(3) The duty to comply with RCRA and most other environmental
regulations is not altered by funding considerations. The duty to comply with the
abatement of LBP in Federally-owned target housing, constructed prior to 1960,
could be affected by funding considerations under the provisions of section 1013,
Title X - Residential Lead-based Paint Hazard Reduction Act of 1992 (PL 102550) .
(4) Failure to achieve and maintain compliance could result in temporary
restraining orders or injunctions, curtailments, fines, or imposed penalties.
(5) Commanders will make sure projects required to follow RCRA
compliance agreements and consent orders are identified in the EPR Report.
(6) Installations and CWFs will use SARA, section 120, interagency
agreement (IAG), to address both RCRA and Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) investigations and
remedial activities.
(7) MACOM and HQDA environmental legal services should be consulted
early in all compliance agreement settlement negotiations with state and/or
regional EPA regulators. Draft compliance agreements will be coordinated with
HQDA, Office of the Judge Advocate General (OTJAG), ATTN: Department of
the Army, Judge Advocate, Environmental Law (DAJA-EL) before signature by
the IC. CWF Compliance Agreements will be forwarded to the Director of CW or
his/her designee for signature.
(8) If a MACOM determines compliance cannot be achieved within the
stipulated time frame, the MACOM will elevate negotiations to HQDA.
(9) In addition, U.S. Army Regional Environmental Offices, located in
conjunction with EPA regions throughout the country, are poised and ready to
assist in facilitating any such negotiations between regulators and
MACOMs/installations, especially when communications between parties are
difficult and/or conflict resolution is required.
5-12. Low-level and mixed radioactive waste
a. Definitions for the purpose of this paragraph.
(1) Radioactive waste. Solid, liquid, or gaseous material that contains
radionuclides regulated under the Atomic Energy Act, as amended, or is of
sufficient quantity to require an Army radiation authorization and is of negligible
economic value considering the cost of recovery.
(2) Radioactive waste, low-level. Material the NRC classifies as low-level
radioactive waste (LLRW) (see 10 CFR 62.2 ); waste not classified as high-level
radioactive waste (spent nuclear fuel), as transuranic waste, or as uranium or
thorium tailings and waste; and material acceptable for burial in a land disposal
facility ( 10 CFR 61 ).
(3) Mixed waste. Any waste that contains both HW and radioactive
materials and/or naturally occurring or accelerator produced radioactive material
(NORM/NARM).
b. Functions.
(1) The installation EC ensures that local and state environmental
regulatory requirements are being met.
(2) The installation radiation safety officer manages all aspects of the
installation radiation safety program. This includes oversight of all radioactive
waste generated on the installation, except that generated under authority of
specific NRC licenses or Army radiation authorizations held by tenants.
(3) The Radioactive Waste Disposal Division of the U. S. Army Operations
Support Command disposes all LLRW and mixed waste, except for that held for
decay or released to the atmosphere or sanitary sewerage system. This
organization is the DOD Executive Agency for LLRW disposal with responsibility
for the packaging, transporting, processing, treating, and disposing of all LLRW
and mixed waste in the DOD, except as noted in paragraph 4 below.
(4) USACE manages disposal of LLRW and mixed waste generated in
environmental restoration projects, after coordinating with the DOD Executive
Agency for LLRW.
(5) DRMOs are not authorized to dispose of LLRW and mixed waste.
c. Disposition of LLRW and mixed wastes.
(1) Do not dispose of LLRW or mixed waste by burial on Army property
without specific approval from the DA and the NRC.
(2) Any unwanted radioactive material, except for that held for decay or
released to the atmosphere or sanitary sewerage system, must be disposed of
through the DOD Executive Agency or the USACE. Army generators must
request disposition of LLRW and mixed waste, by letter, to the Safety/Radiation
Waste Team, HQ U.S. Army Operations Support Command, ATTN: AMSOS-SF,
1 Rock Island Arsenal, Rock Island, IL 61299-6000. The telephone number for
the Radioactive Waste Disposal Division is (309) 782-2933, DSN 793-2933.
(3) The Army LLRW Management Program funds disposition of LLRW and
mixed waste that is not funded by other programs (for example, Environmental
Restoration or Base Realignment and Closure (BRAC)).
(4) The requirements for LLRW disposition are defined in 10 CFR, NRC
licenses, state legislation, interstate compact enabling legislation, and disposal
site acceptance criteria. Characteristics of waste, such as amount and
concentrations of radioactive materials, total quantity of radioactivity, isotopic
composition, and chemical and physical nature must be known or closely
estimated and documented for shipping and disposal forms as well as for
accountability. Mixed waste disposition requirements include all LLRW
requirements as well as 40 CFR requirements for HW.
(5) In accordance with Federal, DOD, and Army regulations, each
generator of radioactive waste must keep accurate inventories of their unwanted
radioactive materials. Since there are unique packaging requirements for LLRW,
generators should avoid packing unwanted radioactive material unless absolutely
necessary. If the generator must package the material, they must obtain
packaging guidance from the disposal agent. The disposal agent must package
the LLRW at the time of shipment.
d. Interim storage of LLRW and mixed wastes. Installations generating or
accumulating LLRW must place such material in a secure storage area pending
disposal. In most cases, LLRW storage areas require authorization by a NRC
license or Army radiation authorization before they can be established and
maintained. TM 3-261 provides guidance for selection of temporary storage
areas. Generators must designate and locate radioactive waste storage areas to
minimize unnecessary casual radiation exposure to personnel. These storage
sites must be controlled and posted in accordance with 10 CFR. The generator
must provide adequate security to prevent unauthorized access into the storage
site or removal of these materials. The generator must provide appropriate
monitoring and surveys in accordance with Federal, DOD, and Army regulations,
licenses, and authorizations.
e. Radiological spills and contingencies. (See para 3-5 .)
Chapter 6
Air Program
6-1. Scope
a. This chapter provides the basic guidance to assist Army installations and
CWFs in meeting the goals set out in AR 200-1 , chapter 6.
b. This guidance does not address all the regulatory requirements that an
installation or CWF might be subject to under Federal, state, or local rules. It is
essential for Army facilities to regularly consult with regulators and the technical
assistance sources listed in paragraph 6-14 for current compliance requirements
and guidance.
6-2. Air pollution emissions inventory
An air pollution emissions inventory identifies all the stationary sources of air
pollution on an installation or CWF, permitted and unpermitted, and the type and
amount of emissions from those sources. Inventories may also include mobile
sources.
a. Federal requirements. The Clean Air Act Amendments of 1990 (CAAA)
require certain sources to produce inventories of certain pollutants.
b. State requirements. Individual states are responsible for the
implementation of the CAAA emission inventory requirements.
(1) Many states have developed emissions reporting requirements for
nonattainment areas. In addition, some states have established requirements for
attainment areas. State regulations may require that both stationary and mobile
sources be inventoried. Some states require both potential and actual emissions
be identified.
(2) State regulations may require that the IC sign the installation emission
statements. ICs may not delegate this responsibility except as specified in AR
200-1 , paragraph 1-27a(11). This certification is a legally binding affirmation that
the inventory is an accurate and comprehensive document. CWFs will conform to
all applicable CAA requirements. District commanders, and their counterparts
outside the district structure, must ensure that emission inventories are
accomplished as required.
(3) Communication with state agencies should be maintained to determine
requirements and submission deadlines.
c. Emission inventory preparation. The preparation of an emissions inventory
is described in USACHPPM's "Air Pollution Emission Inventory Protocol for Army
Installations and Activities."
6-3. Construction permits
CAA construction permits must be obtained prior to the construction, installation,
or modification of a source of air emissions. For example, a CAA construction
permit may be required for construction or major modification of the installation's
heating plant. Other sources that require construction permits are defined by
Federal, state, and local CAA regulations. The following types of CAA
construction permits may be required:
a. New source performance standards (NSPS). These Federal standards are
stated in 40 CFR 60. They set emission standards for specified sources that are
applicable nationwide. The regulations also include monitoring and reporting
requirements. A proposed NSPS source must demonstrate the ability to meet
these standards. Sources subject to NSPS are typically required to obtain
construction and/or operating permits.
b. New source review (NSR). NSR is a construction permit review program for
construction or modification of major air pollution sources. NSR has two major
programs-(1) Prevention of Significant Deterioration (PSD) Program. This program
applies to construction or modification of major air pollution sources located in
attainment areas (that is, areas that meet the National Ambient Air Quality
Standards (NAAQS)). The PSD regulations are found in 40 CFR 52.21 . If a
project is subject to the PSD program, the installation will generally be required
to-(a) Submit a complex application, including a detailed review of the
proposed operation with dispersion modeling and ambient air quality analysis.
(See para d below for additional information on the application process.)
(b) Comply with strict emission control requirements (for example, use
emission control equipment that meets the best available control technology
(BACT) standards).
(c) Provide for emission offsets from other operations.
(2) NSR Program. This program applies to construction or modification of
major air pollution sources located in nonattainment areas (that is, areas that do
not meet the NAAQS). The NSR Program regulations are found in 40 CFR 51,
and the specific State Implementation Plan (SIP). If a project is subject to the
NSR Program, the installation will generally be required to-(a) Submit a complex application, including a detailed review of the
proposed operation with dispersion modeling and ambient air quality analysis.
(See para 6-3d for additional information on the application process.)
(b) Comply with strict emission control requirements (for example, use
emission control equipment that meets the "lowest achievable emission rate"
(LAER) standards).
(c) Provide for emission offsets from other operations.
c. State and local programs. Many state and local programs have been
delegated authority to implement the federally required permit reviews described
in (1) and (2)(a) through (c) above. In addition, state and local authorities may
require permitting for smaller sources or sources of particular concern in their
jurisdiction. State and local regulations must be consulted to determine
applicability.
d. Applications. Applications for construction permits can be complex.
(1) In general, applications will include ownership information and a
description of the site, proposed construction, how the source will operate
(including estimates of emissions), and any air pollution control measures
associated with the source.
(2) For new major sources, ambient air monitoring data may be required.
Preparation of a construction permit application can take 1 month to 2 years,
depending on the complexity of the proposed source. Similarly, review by the
regulatory authority can also exceed 1 year. Many permitting actions include a
public review period that may include a public hearing.
e. Technical assistance.
(1) Army installations can obtain technical assistance in preparing
applications and obtaining construction permits from USACHPPM or through a
contractor. As implied by the time spread, costs for these tasks may vary widely.
(2) CWFs should contact their environmental compliance coordinator for
information regarding technical assistance.
6-4. Operating permits (Federal)
The CAAA institutes a Federal Operating Permit Program, known as a "Title V
permit" or a "Part 70 permit." Major sources, as defined in 40 CFR 70, will be
required to obtain an operating permit before they can engage in an operation
that emits pollutants. Most installations will be required to obtain a Title V permit
or opt out of certain requirements by restricting operations to a minor source level
(for example, synthetic minor). Major sources may be determined by aggregating
the total potential emissions from all of the emission points within the fence line.
While this is a Federal program, states are required to write regulations that will
implement the program in their respective states after EPA approval.
a. Permit applications. The applications required for these operating permits
are complex. The information to be included ranges from a complete inventory of
all emissions (including a description of each emission point) to a listing of all
applicable regulations and how the source will maintain compliance with the
regulations. These applications are costly and time consuming to prepare.
Permits may be issued for a period of 1 to 5 years.
b. Fees. Although permits may be valid for as long as 5 years, an annual fee
will be collected under this program. The fee may be based upon actual or
potential emissions of the permitted source and may be charged for more than
one pollutant per source. Consequently, fees have the potential to comprise
substantial budget items that require planning.
c. Installation commanders. In most cases, the IC should be the CAA Title V
"responsible official" who certifies as to the truth and completeness of the Title V
permit application. There may be some situations that justify a deviation from this
policy (for example, Government-owned, contractor-operated (GOCO) leased
facilities, no on-site commander, etc.).
6-5. Operating permits (state)
Most states have programs that require major sources of air pollution to obtain an
annual operating permit. This permitting process is often separate from the
construction permit procedure. As the name indicates, this permit describes
standards and limitations that apply during operation of an air emissions source.
Stack tests are often required for these sources to demonstrate compliance. The
State Operating Permit Program may apply to sources beyond the realm of the
Federal Operating Permit Program or be applied to many of the same sources. It
is important to know how states implement their various permitting authorities.
a. Applications. The application for an operating permit requires much of the
same information as the construction permit application for the same source.
Operating permit applications are open for public comment. Review of an initial
state operating permit application can take 6 to 9 months. The permit is typically
renewed annually.
b. Fees. As with the Federal operating permit, an annual fee is typically
charged for the state-operating permit. An application fee may also apply.
6-6. Certification and training
a. Operators of air emission sources, such as solid waste incinerators, highcapacity fossil fuel fired plants, boilers, hazardous waste combustors, dunnage
furnaces, medical waste incinerators, paint booths, and ozone depleting
substance (ODS) removal, recovery, recycling, and disposal systems, will receive
the necessary training and meet the operator certification requirements of the
state in which they are located. The requirements may vary by state.
Recordkeeping by the installation is typically required. Operators will meet the
minimum system operator certification requirements that satisfy standards set by
the EPA and all applicable state and local agencies.
b. Environmental offices and DPWs should determine the certifications
needed and ensure only qualified personnel operate the equipment. State
agencies should be able to assist with identifying training and certification
requirements for specified equipment. Such requirements may also be stated in
permits for the equipment.
c. Job descriptions for operators of air emission sources will require a state
certification or license or the ability to obtain and maintain a license or
certification per applicable regulations. Licensing and certification requirements
should be incorporated in job standards for hiring actions. This can be
accomplished through coordination with the local personnel office.
d. Announcements of vacancies for these positions will state the certification
or licensing requirements.
e. Operator training will be met through programs sponsored by the DOD,
EPA, and state regulatory agencies, state or regional health department or the
local university or college of the state in which the facility is located.
f. In the absence of programs listed in paragraph e above, training will be held
at qualified institutions designated by the respective MACOM.
6-7. Hazardous air pollutants
Title III of CAAA dramatically expands the Federal effort to control hazardous air
pollutants (HAPs). The National Emission Standards for Hazardous Air Pollutants
(NESHAPs) Program, established in 1970, only covered eight pollutants. Title III
specifically lists 189 HAPs for which EPA must establish source lists and
emission control standards. A major source, for purposes of Title III, is defined as
a source that has the potential to emit 10 tons/year or more of an individual HAP,
or 25 tons/year of any combination of HAPs.
a. Applicability of control technologies. Major sources under Title III are
required to apply maximum achievable control technology (MACT) to reduce the
HAP emissions. Depending on the rule, control may be required for nonmajor
(area) sources as well. MACT for a new source (a source built after
establishment of the applicable MACT standard) must attain the level of control
achieved by the best-controlled sources. Existing sources (those built before the
MACT standard is established) must apply HAP controls equal in performance to
the average emission limit achieved by 12 percent of the best-controlled sources
of the same type. If there are less than 30 sources in a category, the standard is
set as the average emissions limit achieved by the best controlled five sources in
the category. Deadlines for meeting the MACT standard are set within the
individual source rules. Those deadlines must be within 3 years of the standard
being established. Note that a control technology can be a process modification
as well as a piece of equipment.
b. Risk Management Plans (RMPs). In addition to the 189 listed HAPs, EPA
has finalized a list of 77 toxic chemicals and 66 flammables to be tracked for
accidental release. Installations and CWFs, with processes that contain more
than the threshold levels of chemicals as specified in applicable regulations, must
develop RMPs to minimize the consequences of accidental chemical releases.
(1) An RMP must be developed and maintained if an installation or CWF
produces, processes, handles, or stores more than the established threshold
quantity of any of the compounds at any time in a covered process.
(2) RMPs must be developed by no later than one of the following dates.
Individual states may impose shorter deadlines for plan preparation.
(a) 21 June 1999.
(b) Three years after the date on which a regulated substance is first
listed under 40 CFR 68.130.
(c) The date on which a regulated substance is first present above a
threshold quantity in a process.
(3) Installations must perform a self-assessment to determine the rule
applicability (for example, No Impact, Program 1, Program 2, or Program 3).
(4) Public release of RMP information, in particular the Off-site
Consequence Analysis, is limited under conditions of PL 106-40 . EPA has
proposed regulations to implement this law at 65 FR 24834. The comment period
closed 8 June 2000.
6-8. Open burning and open detonation
a. Purposes. Open burning and open detonation (OB/OD) is used for a variety
of purposes at an installation or CWF, including:
(1) OB/OD of propellant, explosives, or ordnance for waste disposal or
training.
(2) OB for range, agricultural, or forest management.
(3) OB for firefighter training.
b. Environmental regulations. All of these activities are governed by one or
more environmental regulations.
(1) OB/OD of waste explosives is regulated primarily by the RCRA.
However, air emission data may also be required for emission inventories and a
state or Federal air permit.
(2) State and local air quality control, natural resource management, or
forestry authorities usually regulate OB for vegetation control and firefighter
training. These OB activities are typically restricted by distance to occupied
buildings, materials to be burned, and weather conditions.
c. RCRA permit applications. RCRA permits for OB/OD are detailed,
comprehensive documents that require substantial research and evaluation of
the proposed activity, projected control measures, and potential impacts on
public health and the environment. RCRA permitting requirements are addressed
in paragraph 5-2 .
d. Other OB permit applications. These applications are generally simple
descriptions of what is to be burned, how much is to be burned, and where and
when the burning is to take place. A lead-time of 3 days to 2 weeks can be
expected for regulatory review. Fees for these permits are usually relatively small
(less than $100). Sometimes the fee is based on the amount of material or
acreage to be burned.
e. Technical assistance. An OB application, as described in paragraph d
above, can in many cases be prepared in-house through a collaboration of the
requesting activity and the installation environmental office or CWF's
environmental compliance coordinator. The regulatory agency may have special
application forms that must be used.
6-9. Air pollution emergency plans
Air pollution emergency plans outline the actions to be taken should an air
pollution emergency be declared by the regulatory agency. Such emergencies
occur when pollutant concentrations combine with meteorological conditions to
cause exceptionally poor ambient air quality.
a. State and local air quality or emergency management agencies will specify
the requirements for air pollution emergency plans. Typically, they include a
staged shutdown of air pollution sources until ambient conditions improve.
Regular demonstrations of the installation's or CWF's ability to implement this
plan may also be required.
b. Due to the nature of these plans, they are often maintained in cooperation
with the installation or CW division or district emergency operations center.
6-10. Vehicle Inspection and Maintenance Programs
Vehicle Inspection and Maintenance Programs are implemented in areas where
ground-level ozone or carbon monoxide exceeds the NAAQS (CAAA section
118(d)). These programs are also implemented in some particulate matter less
than 10 microns (PM10) nonattainment areas. Federal regulations forbid
operating vehicles that fail the locally required vehicle emissions inspection
maintenance test. In ozone and carbon monoxide nonattainment zones, Federal
regulations require that all nontactical vehicles operated on a military facility,
including the vehicles of civilian employees and military personnel stationed on
the military facility, show proof of passing the vehicle emissions
inspection/maintenance test required in the area that includes the installation.
Federal regulations require the IC to ensure that vehicles meeting any of the
following requirements show proof of passing the vehicle emissions
inspection/maintenance program required for the area in which the military facility
is located:
a. Privately owned vehicles (POVs) of all military personnel stationed to and
living on the post, including vehicles registered in other states.
b. POVs of all military personnel living off post, who are stationed to the post
and that the military personnel uses on the post. This includes POVs registered
in other states and POVs of military personnel living in areas with less stringent
vehicle emissions/inspection requirements than are required in the area that
includes the post.
c. POVs operated on the post by civilian employees of the post. This includes
POVs registered in other states and POVs of civilian employees living in areas
with less stringent vehicle emissions/inspection requirements than are required in
the area that includes the post. The term "employees" does not include contract
workers.
d. Fleet vehicles leased or owned by the post, including Government Services
Administration (GSA) vehicles.
e. All other nontactical vehicles operated on post that are owned and
operated by activities residing on that post, including GSA vehicles.
f. Tactical vehicles operated in PM10 nonattainment zones when the
particulate matter control regulations for the area require tactical vehicles to pass
a vehicle emissions inspection/maintenance test.
6-11. Ozone depleting substances
a. ODSs are chemicals that contribute to the deterioration of the ozone in the
earth's upper atmosphere. The chemicals that contribute to this problem include
chlorofluorocarbons (CFCs) and halons. A complete list of regulated ODS
chemicals can be found in 40 CFR 82.
b. The Montreal Protocol of 1987 was established to limit the production and
use of these chemicals. As production is phased out over the next several years,
the availability of ODSs will diminish and the cost will increase.
c. Title VI of the CAAA establishes the goals of the Montreal Protocol as law
in the U.S. Major requirements of Title VI that may impact installation activities
include the following:
(1) Venting any ODS to the atmosphere in relation to repair, maintenance,
or disposal activities is prohibited.
(2) Certified recovery and recycling equipment must be used to capture
ODSs during servicing or disposal of air conditioning or refrigeration units.
(3) Personnel who maintain, repair, dispose, or reclaim air conditioning or
refrigeration equipment that contains ODSs must be certified through an EPAapproved program.
(4) Sale of ODS refrigerants is restricted to certified technicians.
d. DOD has issued additional mandates and guidance to minimize emissions
of ODSs.
(1) Secretary of Defense (SECDEF) issued DODI 4715.4 , which
implements EO 12843 and PL 102-484 . These mandates prohibit the use of
ODSs in contracts without certain procedures being followed and approvals
being obtained.
(2) The Army Acquisition Pollution Prevention Support Office (AAPPSO)
developed guidance to assist installations in their efforts to prepare and maintain
an ODS elimination plan. The guide is called "Guide to Preparing OzoneDepleting Chemical Elimination Plans for Installations."
(3) The Army's approach to eliminating the use of ODSs is presented in 40
CFR 82.
(4) CWF guidance is in ER 200-2-3.
6-12. Trip reduction plans
The Army will develop trip reduction plans where required. Section 182 of CAAA
allows states to require installations and CWFs, in areas classified as "Severe" or
"Extreme" for ozone pollution, to implement programs to reduce work-related
vehicle trips and miles traveled by employees. These plans will be locale-specific
based on requirements developed by state agencies.
6-13. Conformity
a. Section 176(c) of CAAA prohibits the Army from engaging in, supporting,
providing financial assistance for, licensing or permitting, or approving any
activity that does not conform to an EPA-approved SIP or Federal
Implementation Plan (FIP). Activities that do not conform to applicable SIPs or
FIPs cannot proceed without an enforceable mitigation plan.
b. The CAA conformity requirement only applies in nonattainment and
maintenance areas. Procedures for demonstrating conformity are contained in 40
CFR 51 and 40 CFR 93. Conformity determinations in accordance with these
procedures may be complex and expensive to complete. These regulations
require consultation with EPA and the state, public notice, and a comment period
before completion of each conformity determination.
c. States are required to amend their SIPs to incorporate procedures for
compliance with the Conformity Rule. Installations should be sure to check SIPs
to ensure compliance with state requirements.
6-14. Technical assistance
Many sources of assistance are available, both within and outside the Army. EPA
and state regulatory agencies can provide assistance in interpretation and
applicability of their rules. This local contact is important since many air programs
are instituted at the Federal level and implemented at the state level. Assistance
in complying with these requirements is available in many forms within the Army.
Installations and MACOMs may obtain technical assistance from the sources
below. Managers at CWFs should consult their environmental compliance
coordinator network for sources of technical assistance. (See app B for mailing
addresses and Web sites.)
a. ODEP, Compliance. This office directs policy concerning response to
regulatory and funding issues that have Army-wide impact.
b. USAEC, Environmental Quality Division. USAEC provides advisory support
through the Environmental Response Line (Hotline, 1-800-USA-EVHL) and field
guidance documents. Contractor services centrally managed by USAEC can
provide products necessary for regulatory compliance, such as air emissions
inventories and permit applications.
c. USACHPPM, Air Programs. These programs provide a wide range of
services from consultations to fieldwork. Ambient air monitoring, stack testing,
and air emissions inventories are some of the specific services available.
d. USACE. USACE Installation Support Center offers guidance in the use of
ODS and ODS-substitutes for refrigeration and air conditioning systems. They
also offer guidance concerning halon fire extinguishing systems, air conditioning,
and refrigeration.
e. USAMC. USAMC is tasked with providing guidance on procurement of
ODSs and the use of ODSs in weapons systems.
Chapter 7
Environmental Noise Management
Program
7-1. Scope
This chapter outlines the procedures to meet the objectives of AR 200-1 , chapter
7, at military installations. USACE will separately promulgate guidance for the
Army CWFs.
7-2. Policy
a. The purpose of the Environmental Noise Management Plan (ENMP) is to
minimize the impact of environmental noise on the public without impairing the
mission of the installation.
b. The ENMP and policy is based on adverse impacts as indicated by
objective noise levels. Complaints may be an indication of adverse impacts, but
the correlation between objective noise levels and complaints is poor at best.
c. The primary strategy for noise management is being a responsible
neighbor to surrounding communities. This includes educating both the military
and civilian communities, managing noise complaints, mitigating the noise and
vibration environments (consistent with mission), and coordinating with planning
and zoning officials to maintain compatible land uses (both on- and off-post). The
installation EQCC plays a key role in ensuring these activities occur. For
example, the EQCC will investigate and recommend mitigative actions for
existing and proposed operations that have an impact, either on- or off-post;
coordinate with the Real Property Planning Board to involve the public in the
planning process; and assess the installation and off-installation activities for
possible noise impacts.
d. AR 200-1 , chapter 7, details noise sensitive land uses such as housing,
schools, and medical facilities, which are compatible with the noise environment
in Zone I, normally incompatible in Zone II, and incompatible in Zone III. The
occurrence of isolated complaints from areas in compatible noise Zone I does not
constitute an adverse impact. Conversely, the absence of complaints from areas
in Zones II or III does not mean that an impact does not exist. However, as
discussed in paragraph 7-4 , complaints cannot be ignored.
7-3. Land use planning
a. Purpose.
(1) The primary strategy for protecting the mission of installations from the
problems of noise incompatibility is long-range land use planning. Close
coordination with the installation's master planning staff is needed when dealing
with land use issues. The installation EQCC will also monitor land use
development plans, programs, and projects in the areas on and adjacent to the
installation for land use changes that are not compatible with the noise
environment.
(2) Land use guidelines are meant to ensure compatibility with military
operations, while allowing maximum beneficial use of the contiguous property.
The DA has no desire to recommend land use regulations that render property
economically useless. It does, however, have an obligation to the communities
around the installations to point out ways to protect both the people in adjacent
areas and the public's investment in the installation.
(3) Assistance in working with local, regional, and state planning agencies
is available from the Office of the Secretary of Defense (OSD), Office of
Economic Adjustment Joint Land Use Study (JLUS) Program. This program
offers guidance and financial assistance to the installation's neighboring
communities for the development of comprehensive zoning plans. To participate
in the JLUS Program, the installation master planner should apply to their
MACOM through the master planning channels, supplying a copy to the
MACOM's environmental staff and training/operations staff.
b. Installation noise situation. Installations will maintain a current ENMP to
include the following:
(1) Current noise contour maps of the installation's existing and projected
future noise environment. The maps will show the noise environment from offpost sources that have significant impacts on-post, such as major highways and
airports.
(2) Analysis of the noise sources and identification of those that create an
impact.
(3) Analysis of land use compatibility problems (both on- and off-post) and
solutions, which include the following:
(a) Identification of existing incompatible land uses within Annual Noise
Zones II and III and Average Busy Day Zones II and III. An explanation of the use
of average busy day Zone II for land use buffers is provided in paragraph 7-5c .
(b) Identification of projected incompatible land uses within Annual
Noise Zones II and III and Average Busy Day Zones II and III.
(c) Identification of desirable land uses within Annual Noise Zones II
and III and Average Busy Day Zones II and III.
(4) An education program for both the military and civilian communities.
(5) A program to manage noise complaints.
(6) A program to mitigate noise and vibration, when feasible, including a
"Fly Neighborly" program and noise abatement procedures.
(7) A public involvement plan stating when and how the public will be
informed and involved.
(8) Discussion of the installation's master plan, ensuring that existing and
future facility locations are compatible with the noise environment.
(9) Memorandums of Understanding (MOUs) between the installation and
the surrounding communities, if any, regarding land use controls and/or noise
management.
7-4. Complaint management
a. Complaints must be handled in an efficient and courteous manner. If the
complainant feels that they have been ignored or given what they feel is false
information, they will elevate their concern to a higher level, including letters to
local, state, and Federal government officials and formation of community action
groups. These actions could have an adverse impact on the ability of the
installation to perform its mission.
b. To be effective, the Complaint Management Program needs to complete, at
a minimum, the following tasks:
(1) All complaints should be received at one location. The complaint phone
number should be published and widely publicized.
(2) A log of all complaints will be maintained.
(3) All complaints should be investigated without delay. The complaints
should be routed to the office responsible for the type of activity that caused the
complaint. The PAO will receive the response and provide the information to the
complainant.
(4) The complainant should be informed of the installation's mission and
assured that every effort will be made to correct the problem, mission permitting.
The complainant will also be informed of the investigation's results.
(5) A copy of the complaint and the response should be provided to the
EQCC, which will assist the PAO and the operation/unit/activity responsible for
the complaint. The installation EQCC will review all noise complaints to
determine if there are any patterns. For example, a weapon firing from one
location at night can cause 90 percent of the complaints.
(6) The activity responsible for the complaint will identify the cause of the
complaint and take appropriate action to correct the deficiency.
7-5. Noise assessment
a. Noise descriptors and analyses.
(1) The day-night average sound level (DNL) is the primary descriptor. The
DNL is the 24-hour energy average sound level with a 10-decibel (dB) penalty
added to the nighttime levels (2200 to 0700 hours). The annual and/or busy day
average is used for all activities, except the ARNG and other part-time
operations. For these cases, the average will be based on a busy period of
operations, such as a training cycle.
(a) Noise from transportation sources such as vehicles and aircraft, and
from continuous sources such as generators, will be assessed using the Aweighted day-night average sound level (ADNL).
(b) Impulsive noise resulting from armor, artillery, and demolition
activities will be assessed in terms of the C-weighted day-night average sound
level (CDNL).
(c) Noise from small arms activity will be assessed in terms of ADNL.
(2) The primary means of noise assessment will be through mathematical
modeling and computer simulation. Noise maps will be prepared showing Noise
Zones I, II, and III. A Geographical Information System (GIS) data layer of the
Noise Zones will be created. This layer can be used when planning and siting
proposed actions. The noise levels, which define these Noise Zones, are listed in
table 7-1 .
Table 7-1. Land use planning guidelines
Noise limits
Noise
zone
Transportation ADNL 1
(dBA 3 )
Impulsive CDNL 2
(dBC 4 )
Small arms ADNL
(dBA)
I
Less than 65
Less than 62
Less than 65
II
65-75
62-70
65-75
III
Greater than 75
Greater than 70
Greater than 75
Notes:
1. The A-weighted day-night average sound level is abbreviated as ADNL and symbolized
mathematically as LAdn (e.g., Ldn 65, Ldn 75, etc.).
2. The C-weighted day-night average sound level is abbreviated as CDNL and symbolized
mathematically as LCdn (e.g., Ldn 62, Ldn 70, etc.).
3. dBA - decibels, A-weighted.
4. dBC - decibels, C-weighted.
(3) Land use compatibility for noise-sensitive land uses is classified and
defined in tables 7-2 and 7-3 , located at the end of this chapter. Table 7-2
classifies noise levels into a set of noise zones according to the most commonly
used environmental noise descriptor. The ADNL descriptor can be used for all
noise sources except for detonation of explosives and weapons systems 20
millimeters (mm) and larger. These same land use compatibilities can be applied
to the CDNL noise zones. The noise level reduction (NLR) techniques for large
weapons systems have not been developed. Table 7-3 contains suggested land
use compatibility guidelines. The table arrays land uses on the left with the noise
zones of table 7-2across the top.
(a) Land use compatibility is expressed as being compatible,
compatible with restrictions, and incompatible.
(b) The system, as presented in table 7-3, is comprised of two digit
categories that identify land use activity in the most generalized way (for
example, residential). Within the categories are subcategories identifying activity
in greater detail.
(c) Compatibility, as expressed in table 7-3 , represents a consolidation
of existing Federal agency guidelines. This table serves as a point of departure in
making several kinds of determinations, including whether various land uses
should be allowed at particular sites based upon the noise levels at those sites.
(d) Detailed planning should be based on the procedures and specific
planning guidance found in appropriate Federal agency documents as well as the
needs, desires, and site characteristics of a particular community.
b. Noise contour map development.
(1) The generation of noise contour maps requires accurate operational
data, including numbers, locations, types, and times of noise-producing events.
(2) Contours will be produced for the existing operations and for projected
future operations. Contours will also be produced when there is a change in
operations.
(3) The operational data displayed in table 7-4 are required to generate
noise contours.
(a) Installation GIS data layers (boundaries, roads, ranges, impact
areas, airfields, housing areas (noise-sensitive, etc.) need to be provided for the
development of noise contour overlays.
(b) To ensure accurate computer simulations, these operational data
should be obtained from informed experts, such as the airfield operations or
range control offices.
c. Land use planning buffers.
(1) The DNL noise contours, 62 CDNL and 65 ADNL, represent an annual
average that separates the normally incompatible Noise Zone II from the
compatible Noise Zone I. Taking all the operations that occur at an installation
over the year and dividing by 365 days generates the contours. However, the
noise environment at an installation varies daily and seasonally because
operations are not consistent for all 365 days of the year. To provide a planning
tool that could be used to account for days of higher than average operations, the
Busy Day Zone II contour was developed. It can offer a better prediction of noise
impacts when levels of operations are above average. For example, if operations
are approximately three times more numerous than the normal daily flights,
average noise levels increase approximately 5 dB. By setting the extent of the
Busy Day Zone II contour at 57 CDNL and 60 ADNL, the variability can be
accounted for in the installation's noise environment. The Busy Day Zone II can
provide the installation with an adequate buffer for land use planning, and reduce
conflicts between the installation noise-producing activities and the civilian
community. It encompasses areas where, during periods of increased
operations, community annoyance levels can reach those levels associated with
Zone II. By using the Busy Day Zone II, 57 CDNL, and 60 ADNL, it provides the
installation with a better means to predict possible complaints, and meet the
public demand for a better description of what will exist during a period of
increased operations.
(2) The DOD has a long-standing policy, since 1964, to assess
environmental noise around military airfields (Air Force, Navy, and Marine) using
the average busy day. This policy, predating the EPA 1974 recommendation,
incorporated the annual average. Nevertheless, litigation and the requirement to
respond to public comments under the NEPA have led to the Army
supplementing the annual average with busy day analyses. Based on review of
these legal precedents, recommendations are made for the use of both
measures, each with a different purpose.
(3) The busy day is not so much a predictor of annoyance as it is a
predictor of complaints. Analysis of noise complaints received by the Army has
shown that short-term increases in DNL, not the long-term average, best predict
complaints. In the absence of regulatory noise exposure standards, complaints
have become the de facto standard. To our knowledge, there are no instances
when a state or Federal regulatory authority has come to the Army with a notice
of violation (NOV). At the same time, there are many instances when Army
commanders have voluntarily curtailed noisy activities in order to reduce
complaints. Through a formal ENMP, Army installations try to prevent complaints
through self-monitoring of operations and support to land use planning efforts by
local government.
(4) Whether the busy day should be used for land use planning is a difficult
question. If the busy day is used to describe noise during times of reduced
operations, then citizens receive a better description of what will exist during a
period of increased operations. One of the roles of government is to provide its
citizens with sufficient information to make intelligent decisions. The use of
average busy day contours does provide the local community with additional
information to make better-informed land use decisions.
d. Monitoring. Normally, on-site monitoring of noise environments should not
be considered because of the large commitments of time and manpower
required. On-site monitoring may be warranted when prediction models are not
available, to resolve a specific noise complaint, or to verify noise levels that have
produced major public controversy.
7-6. Technical assistance
Installations may obtain assistance with noise and vibration assessments,
including monitoring and noise contour maps, from USACHPPM, Environmental
Noise. USACHPPM will forward requirements for research to U.S. Army
Construction Engineering Research Laboratories (USACERL) or other research
facilities having expertise in the area.
Table 7-2. Noise zone classification
Noise zone
I
ADNL
Not exceeding 55 ADNL
Above 55 ADNL 2 but not exceeding 65
ADNL
Not exceeding 62 CDNL
HUD 1 noise standards
Compatible
II
Above 65 ADNL but not exceeding 70
ADNL 3
Above 70 ADNL but not exceeding 75
ADNL
Above 62 CDNL but not exceeding 70
CDNL
Normally Incompatible
III
Above 75 ADNL, 70 CDNL
Incompatible
Notes:
1. Department of Housing and Urban Development (HUD).
2. HUD, DOT, and EPA recognize Ldn= 55 dBA as a goal for noise levels outdoors in residential
areas to protect public health and welfare within an adequate margin of safety; however, it is not a
regulatory goal. It is a level defined by a negotiated scientific consensus without concern for
economic and technological feasibility or the needs and desires of any particular community.
3. The HUD Noise Regulation allows a certain amount of flexibility for nonacoustic benefits in Zone
II. Attenuation requirements can be waived for projects meeting special requirements.
Table 7-3. Suggested land use compatibility guidelines
Noise Zones/ADNL
SLUCM
No.
Land Use
I
055
I
5565
II
6570
II
7075
III
7580
III
8085
III
85+
Residential
Y
(except mobile homes)
Y1
25 2
30 3
N
N
N
Mobile Homes
Y
Y1
N
N
N
N
N
20
Manufacturing
(except precision )
Y
Y
Y
Y4
Y5
Y6
N
35
Precision 7
Y
Y
Y
25
30
N
N
40
Transportation
Y
Y
Y
Y4
Y5
Y6
N
N
N
10
Communication
50
60
Y
Y
Y
25
8
4
30
Y
8
5
Y
6
Y
Utilities
Y
Y
Y
Y
Wholesale Trade
Y
Y
Y
Y4
Y5
Y6
N
Retail Trade
Y
Y
Y
25
30
N
N
Services
(except listed below)
Y
Y
Y
25
30
N
N
Cemeteries
Y
Y
Y
Y4
Y5
Y 6 , 9 Y 8 ,9
Hospitals, Nursing,
Homes, Education
Y
Y1
25 1
30 1
N
N
N
Other Medical
70
Cultural
Y
Y
1
Y
Y
Entertainment (except Y
outdoor music)
Y
Outdoor Music
Y
Y1
Y
1
Recreational
80
Y
Y
25
25
1
30
1
30
N
N
N
N
N
25
30
N
N
N
N
N
N
N
N
Y
1
10
Y
1
Y
11
N
Y 13
Y
Y
Y
Livestock
Y
Y
Y 10 Y 11 N
N
N
Resource Extraction
Y
Y
Y
Y
Y
Y
Y
N
13
Resource Production
Y
Y
N
12
Notes:
1. The designation of these uses as "compatible" in this zone reflects an individual Federal agencies'
consideration of general cost and feasibility factors as well as past community experiences and
program objectives. Localities, when evaluating the application of these guidelines to specific
situations, may have different concerns or goals to consider.
2. Although local conditions may require residential use, it is discouraged in this zone. NLR criteria
will not eliminate outdoor noise problems.
3. Although local conditions may require residential use, it is strongly discouraged in this zone. NLR
criteria will not eliminate outdoor noise problems.
4. Measures to achieve NLR of 25 must be incorporated into the design and construction of portions
of these buildings where the public is received (i.e., office areas, noise sensitive areas, or where the
normal noise level is low).
5. Same as footnote 4 except measures to achieve NLR of 30 must be incorporated.
6. Same as footnote 4 except measures to achieve NLR of 35 must be incorporated.
7. Includes professional, scientific, and controlling instruments; photographic and optical goods;
watches and clocks.
8. If noise sensitive use indicated, NLR; if not, the use is compatible.
9. Land use not recommended, but if the community decides the use is necessary, personnel should
wear hearing protection devices.
10. Residential buildings require an NLR of 25.
11. Residential buildings require an NLR of 30.
12. Residential buildings not permitted.
13. Residential buildings not permitted. Land use not recommended, but if the community decides the
use is necessary, personnel should wear hearing protection devices.
Table 7-4. Operations generating noise contours
For this operation
Acquire the following information
Artillery, armor, and For each firing point (FP):
other weapon systems
greater than 20 mm
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
Grid coordinates of the FP.Grid coordinates of the
FP.
Types of weapons fired (for example, 155 mm
howitzer).Types of weapons fired (for example, 155
mm howitzer).
Type of rounds fired and amount of propellant used
to reach the target from each weapon (for example,
high explosive, illumination, etc.).Type of rounds
fired and amount of propellant used to reach the
target from each weapon (for example, high
explosive, illumination, etc.).
Number of rounds by type fired from each weapon
type during daytime (0700 - 2200) and nighttime
(2200 - 0700) hours.Number of rounds by type fired
from each weapon type during daytime (0700 - 2200)
and nighttime (2200 - 0700) hours.
Grid coordinates of the impact area used.Grid
coordinates of the impact area used.
Height of airburst (feet above ground), if any.Height
of airburst (feet above ground), if any.
Demolitions (includes For each demolition area:
mines, artillery, and
grenade simulators,
ƒ Grid coordinates of the demolition area.Grid
mine clearing devices,
coordinates of the demolition area.
etc.)
ƒ Net explosive weight of explosives detonated at each
area.Net explosive weight of explosives detonated at
each area.
ƒ Burial depth for each explosive charge (feet).Burial
depth for each explosive charge (feet).
ƒ Number of detonations by explosive weight during
daytime and nighttime hours.Number of detonations
by explosive weight during daytime and nighttime
hours.
Aircraft operations
For each aircraft operation area:
(airfields, tactical
airstrips, landing
ƒ Map (to scale) showing the flight tracks with
zones, and heliopads)
altitudes above ground level (AGL).Map (to scale)
showing the flight tracks with altitudes above ground
level (AGL).
ƒ Latitude and longitude of the end points at the center
of each runway.Latitude and longitude of the end
points at the center of each runway.
ƒ
ƒ
Aircraft operations
(drop zones, Nap-ofthe Earth routes, and
terrain-following
routes)
For each aircraft operation area:
ƒ
ƒ
Small arms ranges
Elevation of airfield and the annual average
temperature and humidity.Elevation of airfield and
the annual average temperature and humidity.
Number of aircraft by type, using each flight track
during daytime (0700-2200) and nighttime (22000700) hours.Number of aircraft by type, using each
flight track during daytime (0700-2200) and
nighttime (2200-0700) hours.
Map (to scale) showing the flight tracks with
altitudes (AGL).Map (to scale) showing the flight
tracks with altitudes (AGL).
Number of aircraft by type, using each flight track
during daytime (0700-2200) and nighttime (22000700) hours.Number of aircraft by type, using each
flight track during daytime (0700-2200) and
nighttime (2200-0700) hours.
For each range:
ƒ
ƒ
ƒ
ƒ
ƒ
Range name.Range name.
Universal Transverse Mercactor (UTM) grid
coordinates of the left-most FP, looking down
range.-Six digit easting.-Seven digit northing.-Grid
zone designation number.Universal Transverse
Mercactor (UTM) grid coordinates of the left-most
FP, looking down range.
-Six digit easting.
-Seven digit northing.
-Grid zone designation number.
Grid azimuth to target (degrees).Grid azimuth to
target (degrees).
FP data.-Number of lanes.-Distance between lanes.FP elevation.FP data.
-Number of lanes.
-Distance between lanes.
-FP elevation.
Target data.-Number of targets.-Distance to targets
from FPs.-Target spacing (distance).-Type backstop
(berm, wall, none).-Wall absorption material
covering (foam, glass wool, none).-Thickness of
absorption material.-Height of backstop (above
ƒ
ƒ
ƒ
ground).Target data.
-Number of targets.
-Distance to targets from FPs.
-Target spacing (distance).
-Type backstop (berm, wall, none).
-Wall absorption material covering (foam, glass
wool, none).
-Thickness of absorption material.
-Height of backstop (above ground).
Safety barrier/baffles.-Height of lower edge (above
ground).-Height of upper edge (above ground).Down range location from firing line (distance).Type absorption material on barrier/baffle (foam,
glass wool, none).-Thickness of absorption
material.Safety barrier/baffles.
-Height of lower edge (above ground).
-Height of upper edge (above ground).
-Down range location from firing line (distance).
-Type absorption material on barrier/baffle (foam,
glass wool, none).
-Thickness of absorption material.
Left barrier.-Type (berm, wall, none).-Height of
berm or wall (above ground).-Lateral location from
left-most FP (distance).-Type absorption material on
wall (foam, glass wool, none).-Thickness of
absorption material.Left barrier.
-Type (berm, wall, none).
-Height of berm or wall (above ground).
-Lateral location from left-most FP (distance).
-Type absorption material on wall (foam, glass wool,
none).
-Thickness of absorption material.
Right barrier.-Type (berm, wall, none).-Height of
berm or wall (above ground).-Lateral location from
right-most FP (distance).-Type absorption material
on wall (foam, glass wool, none).-Thickness of
absorption material.Right barrier.
-Type (berm, wall, none).
-Height of berm or wall (above ground).
-Lateral location from right-most FP (distance).
-Type absorption material on wall (foam, glass wool,
none).
-Thickness of absorption material.
ƒ
ƒ
Vehicles
For each roadway segment:
ƒ
ƒ
Other sources
Rear barrier (behind firing line).-Type (berm, wall,
none).-If berm or wall, the height (above ground).-If
shed, the height of front edge (above ground).Overhang of shed ahead of firing line.-Type
absorption material on wall (foam, glass wool,
none).-Thickness of absorption material.Rear barrier
(behind firing line).
-Type (berm, wall, none).
-If berm or wall, the height (above ground).
-If shed, the height of front edge (above ground).
-Overhang of shed ahead of firing line.
-Type absorption material on wall (foam, glass wool,
none).
-Thickness of absorption material.
Weapon data.-Type of weapon (M16, 9 mm, 50 cal,
etc.).-Number of annual rounds fired daytime (07002200).-Percentage of daytime rapid fire (more than
20 total rounds/sec).-Number of annual rounds fired
nighttime (2200-0700).-Percentage of nighttime
rapid fire (more than 20 total rounds/sec).Weapon
data.
-Type of weapon (M16, 9 mm, 50 cal, etc.).
-Number of annual rounds fired daytime (07002200).
-Percentage of daytime rapid fire (more than 20 total
rounds/sec).
-Number of annual rounds fired nighttime (22000700).
-Percentage of nighttime rapid fire (more than 20
total rounds/sec).
Number of vehicle passbys by vehicle type during
daytime and nighttime hours.Number of vehicle
passbys by vehicle type during daytime and
nighttime hours.
Roadway characteristics, including number of lanes,
surface type, percent grade, and location of barriers
and buildings.Roadway characteristics, including
number of lanes, surface type, percent grade, and
location of barriers and buildings.
For each source:
ƒ
ƒ
ƒ
ƒ
Type of source (for example, 400 kilowatt diesel
generator).Type of source (for example, 400 kilowatt
diesel generator).
Location of source.Location of source.
Operating cycle of source.Operating cycle of source.
Number of daytime and nighttime operating
hours.Number of daytime and nighttime operating
hours.
Chapter 8
Asbestos Management
8-1. Scope
The basic requirements to assist installations and CWFs in complying with AR
200-1 , chapter 8, may be found in PWTB-420-70-8. The PWTB serves as the
Army Asbestos Management Program guidance and contains technical
information for asbestos handling, management, abatement, and disposal. CWF
can adapt the guidance in PWTB-420-70-8 to their facilities and operations, as
appropriate.
8-2. Technical assistance
The PWTB may be found at
http://www.hnd.usace.army.mil/techinfo/CPW/PWTB/420708.pdf . Refer to the
Army Lead and Asbestos Web site (
http://www.hqda.army.mil/acsimweb/fd/LeadAsbestos/pages/home.htm ) for a
listing of additional references. Technical assistance relating to health and
environmental aspects of asbestos management can be obtained from
USACHPPM. Managers at CWFs should consult their environmental compliance
coordinator network for sources of technical assistance.
Chapter 9
Radon Reduction Program
9-1. Scope
This chapter outlines the procedures and facility priorities for radon assessments
and mitigation to meet the requirements of AR 200-1 , chapter 9.
9-2. Army Radon Reduction Program
The Army conducted an extensive Radon Assessment Program in the 1990s.
About 85 percent of priority 1 structures were tested. The results indicated that
indoor radon is not a problem in the majority of Army structures tested. However
a small percentage of Army installations had elevated radon levels.
9-3. Guidance
a. The Army will comply with all laws or regulations as applicable and
required.
b. The following actions will be taken to assure an effective Radon Reduction
Program. Army installations and CWFs will-(1) Maintain and update records of radon assessments conducted,
including the building number, sample results, laboratory identification, date of
placement, date of removal, and location within the structure.
(2) Include test results with real property and housing data for the purpose
of notifying tenants and transferees of elevated radon levels (= 4 pCi/l). Use of
joint information management systems is encouraged.
(3) Measure indoor radon levels in newly constructed units, in units
converted to housing, and in continuously occupied structures not previously
tested. Geographic areas of previously documented high radon levels should be
given special priority.
(4) Periodically remeasure radon levels in structures that have already
been mitigated on the basis of past test results showing elevated levels (= 4
pCi/l). Contact the installation radiation protection officer (RPO) for guidance on
retesting intervals following successful mitigation.
(5) Follow EPA guidance to measure indoor radon levels.
(6) Identify elevated radon levels (= 4 pCi/l) to the IMA or CW district SOH
officer for assessment of health risks. The IMA will make appropriate
recommendations regarding the health risks involved and actions necessary in
cases of elevated indoor radon levels.
(7) Follow USACE and EPA guidance on effective mitigation techniques to
reduce elevated radon levels.
(8) Use USACE design criteria for radon reduction in new construction.
(9) Follow these priorities for radon assessment and mitigation:
(a) Priority 1. Daycare centers, hospitals, schools, and living areas (that
is, family housing, bachelor officer quarters/bachelor enlisted quarters
(BOQ/BEQ), and billets).
(b) Priority 2. Areas having 24-hour operations, such as operations and
training centers or RDT&E facilities.
(c) Priority 3. All other routinely occupied structures.
c. The time frame for accomplishing mitigation is dependent upon the
measured radon concentration and is presented in table 9-1 .
Table 9-1. Mitigation time frames from receipt of test results
Radon concentration
(pCi/l)
Mitigation required within:
=200
1 month or move the occupants
<200 to =20
6 months
<20 to =8
1-4 years (depending on the level of the
measurement)
<8 to =4
5 years
<4
No action required
9-4. Technical assistance
Installations and MACOMs may obtain technical assistance from the sources
below. Managers at CWFs should consult their environmental compliance
coordinator network for sources of technical assistance. (See app B for mailing
addresses and Web sites.)
a. USACE, Engineering and Construction Division. Provide assistance with
radon measurements and mitigating elevated levels or radon.
b. USACHPPM, Industrial and Environmental Health Physics. Provide
assistance with radon measurements and health effects.
Chapter 10
Pollution Prevention
10-1. Scope
a. This chapter outlines the procedures necessary to meet the P2 goals and
requirements of AR 200-1 , chapter 10.
b. "Pollution prevention," as defined by the Pollution Prevention Act of 1990
and EO 12856 , is "any practice which reduces the amount of a hazardous
substance, pollutant or contaminant entering any waste stream or otherwise
released to the environment (including fugitive emissions) prior to recycling,
treatment or disposal; and any practice that reduces the hazards to public health
and the environment associated with the release of such substances, pollutants
or contaminants."
10-2. Pollution Prevention Program
a. General. This paragraph describes the elements of a P2 Program for
acquisition programs, MACOMs, and installations. The guidance in this
document supplements policy requirements as outlined in AR 200-1 , paragraph
5-2.
b. Command support. The commander (or equivalent) should establish a
formal P2 policy statement.
c. P2 management structure. The program management structure consists of
a P2 coordinator, a steering group, and working teams as necessary.
(1) P2 coordinator. The P2 coordinator has overall responsibility for the
development and implementation of the P2 program.
(2) Steering group. A cross-functional guiding body, such as the EQCC
(installation and MACOM) or the environmental management team (weapon
system acquisition), provides the P2 coordinator with assistance, policy
guidance, and coordination among other organizational elements.
(3) Working teams. Cross-functional working teams are formed as
necessary to evaluate a particular waste generation process and to identify and
implement P2 opportunities. The P2 evaluation will include identifying HAZMATs
used in the process and any waste emitted.
d. Baseline.
(1) Baseline year and pollutants. For pollutant reduction required by EO
12856 , the baseline year is 1994. At a minimum, the baseline should include
names and amounts of EPCRA toxic chemicals reported in the 1994 toxic
release inventory (TRI). Installations should include other calendar year 1994
polluting waste streams or releases to the environment as appropriate, such as
ODSs, HWs, priority pollutants listed in the CWA, solid waste, and energy
consumption.
(2) Baseline correlated with production units. The baseline should correlate
types and amounts of pollutants released or disposed to appropriate units of
production. The units of production should be determined at the installation and
should correlate changes in pollutant generation to changes in production level.
Example units of production are number of items produced, number of training
days, size of training unit, and number and type of vehicles maintained.
(3) Data shortfalls. Identify data shortfalls in the baseline and ways of
correcting the shortfalls.
e. Baseline tracking. Maintain a tracking system to track the types, amounts,
and changes in the pollutant baseline per unit production.
f. Periodic pollution prevention opportunity assessments (PPOA). Use state
DOD environmental partnerships as a way to do the PPOAs. Installations should
assess processes to-(1) Determine HAZMAT usage, pollutant generation, nonproduct releases
and generation, and any other information necessary to understand the process.
(2) Identify likely P2 opportunities.
(3) Determine the economic, technical, and environmental feasibility of
these opportunities.
(a) Economic feasibility. Determine the economic factors associated
with each P2 opportunity such as procurement costs, operating costs
(maintenance, parts, labor, and utility usage), equipment installation, and
training. Also determine cost savings due to reduced material and/or utility
usage, and reduced waste disposal and/or treatment costs. Use this data to
determine the payback period for each opportunity.
(b) Technical feasibility. Describe the factors that relate to how each P2
opportunity will be implemented. These factors include training personnel on new
procedures, installing new equipment, retrofitting old existing equipment, and
determining the effect of the change on the health and safety of workers.
(c) Environmental feasibility. Identify the overall effects that each
opportunity will have on the environment. Review each process and estimate the
reduction in emissions as a result of the P2 opportunity. Also consider the
tradeoff of emissions between media; for example, a reduction in air emissions
may create increased solid or HW emissions.
(4) Select feasible opportunities.
(5) Determine how to fund and implement the selected opportunities.
Processes should be reassessed every 3 years or more often if changes occur in
production levels, mission, or technology.
g. P2 goals. As appropriate, set pollution reduction, mission, and
management goals.
(1) Pollution reduction. Reduce EPCRA toxic chemical and other identified
pollutant releases and transfers off-site to meet Army reduction goals. Local,
state, or MACOM pollution reduction goals may also apply.
(2) Mission. Incorporate P2 into mission areas appropriate to the
installation, MACOM, or acquisition program. These areas include the following:
(a) Systems acquisition.
(b) Logistics support.
(c) Doctrine and plan development.
(d) Force structure and readiness.
(e) Training and infrastructure.
(f) Industrial operations.
(g) Base operations.
(h) Health and medical.
(i) Transportation, mobilization, and deployment.
(j) RDT&E.
(k) Design and construction of equipment and facilities.
(3) Management. Incorporate P2 into functional management areas
including the following:
(a) Engineering.
(b) Facilities operations.
(c) Land use management.
(d) Logistics.
(e) Maintenance.
(f) Medical and safety.
(g) Procurement.
(h) R&D.
(i) Training and readiness.
(j) Transportation.
h. P2 Plan. Document the P2 Program in a written P2 Plan. The contents of
the P2 Plan are described in paragraph 10-3 .
i. Training and awards. Implement training in environmental awareness and
mission-specific P2 as appropriate. Recognize and reward P2 achievements
annually. Nominate individuals, teams, or the facility for MACOM, Army, local,
state, or Federal environmental and P2 awards.
j. Affirmative Procurement Program. Comply with the affirmative procurement
requirements of EO 13101 and RCRA, section 6002.
(1) EO 13101 mandates Federal agencies to purchase designated
products with recycled content.
(2) RCRA section 6002 requires that any procuring agency using
appropriated Federal funds must purchase those items composed of the highest
percentage of recovered materials practicable. Procuring agencies include any
Federal agency, state or local agency using appropriated Federal funds for
procurement, or contractor with these agencies (with respect to work performed
under the contract). The requirements apply to such procuring agencies only
when procuring designated items where the price of the item exceeds $10,000 or
the quantity of the item purchased in the previous year exceeded $10,000. The
$10,000 threshold applies to all purchases made by an entire agency rather than
regional or local offices (for example, Department of Interior or DOD). Most
Federal agencies exceed the $10,000 threshold for EPA designated items.
Designated items that do not contain recovered materials may be purchased if-(a) The price of the designated item made with recovered materials is
unreasonably high.
(b) There is inadequate competition (not enough sources of supply).
(c) Unusual and unreasonable delays would result from obtaining the
item.
(d) It does not meet the agency's reasonable performance
specifications.
(3) Acquisition requirements of this program are codified in section 23 of
the FAR and in the DAR. Installation procurement offices will ensure compliance
with these acquisition regulations. Environmental offices will assist with training
and technical support as needed.
k. Alternative fueled vehicles (AFVs).
(1) The Energy Policy Act of 1992 set requirements for Federal purchases
of AFVs. Alternative fuels include ethanol, methanol, propane, compressed
natural gas, hydrogen, and electricity.
(2) EO 13031 establishes Federal agency requirements for acquisition of
AFVs in metropolitan statistical areas (MSAs). The DA goal for FY 1999 and
beyond is for AFVs to make up 75 percent of acquisitions within MSAs. A limited
number of specific categories of vehicles such as law enforcement and
emergency vehicles are exempted from the requirement.
(3) Army AFV policy in support of the Energy Policy Act, the CAA, and EO
13101 is found in AR 58-1
l. HMMP. Proponency for the HMMP is shared jointly between the DCSLOG
and the Assistant Chief of Staff for Installation Management (ACSIM). DCSLOG
policy is contained in AR 710-2 MACOMs and installations should establish
procedures and guidance for the following tasks:
(1) Maintaining HAZMAT records, documentation, and information.
(2) Procuring, handling, storing, and using HAZMATs.
(3) Reporting HAZMAT usage and spills in compliance with Federal, state,
and local laws.
(4) Assessing HAZMAT procurement, storage, transportation, issue, use,
and disposal. Include targets, assessors, assessment frequency, and corrective
actions to be taken.
(5) Coordinating and tracking procurement and storage of HAZMAT.
(6) Identifying relevant regulations, directives, and guidance documents
applicable to the installation.
(7) Reviewing and updating the program following any incident resulting in
an actual or imminent threat of a reportable release or as required by changes in
mission, procedures, or HAZMATs used.
(8) Providing guidance for the use and funding of automated HAZMAT
management systems (for example, the HSMS).
10-3. P2 Plan
a. General. The P2 Plan should clearly describe the MACOM or installation
P2 Program. Installation P2 plans are public documents. A model P2 Plan is
published by USAEC. Installations should use this model or prepare a plan
containing the minimum plan contents that are described below. Local, state, or
MACOM regulations may require additional contents. All P2 plans should be
updated whenever a change in function or process occurs.
b. Plan contents.
(1) Introduction and regulatory requirements. Includes EOs, RCRA
Hazardous Minimization Program, state or local requirements, regulations, Army
P2 Plan requirements, and definitions.
(2) Commitment and program implementation. Includes installation P2
policy; Army, MACOM, and Installation P2 goals; and program implementation
functions.
(3) Baseline survey.
(a) Provide facility description and primary mission.
(b) State the acquisition, MACOM, or installation's primary functions
and activities integral to fulfilling the P2 Plan.
(c) Summarize baselines for the following: EPCRA toxic chemical use
and reported releases and transfers; HW; nonhazardous solid waste; ODSs; and
HAZMAT use.
(d) Summarize the baseline and polluting processes, how the baseline
was derived (by estimation, measurement, or other method), and baseline
correlation to appropriate units of production.
(4) PPOA summary.
(a) Summarize pollution processes and past P2 activities.
(b) Identify successes and barriers. Include details about pollutants
reduced, levels of reduction, and costs saved or avoided.
(c) Summarize PPOAs including management and business practice
changes, alternative processes, equipment or chemicals, and training.
(5) P2 implementation plan.
(a) Review past and current projects to include waste reduction and
cost savings.
(b) Develop and detail P2 projects for implementation. This must
include full cost-benefit analysis. Projects should result from a formal or informal
P2 opportunity assessment; demonstrate technical, economic, and
environmental feasibility; and support the P2 goals. Include schedules,
milestones, and how success will be measured.
(c) Describe training and award programs. Identify any barriers to P2.
(6) Annual P2 reporting. Provide an overview of Federal, state, local, and
Army reporting requirements. This should include an up-to-date P2 achievement
report by waste type and media and should track back to goals.
c. Waste Minimization Program. RCRA requires certification of a Waste
Minimization Program "in place" by HW generators and HW treatment, storage,
and disposal permit holders. The P2 Plan may substitute for a separate HW
minimization plan by incorporating the elements of a Waste Minimization
Program in addition to the contents described above. Elements of a Waste
Minimization Program are described in "EPA Guidance to Hazardous Waste
Generators on the Elements of a Waste Minimization Program," 58 FR 31114, 28
May 1993.
d. Nonhazardous solid waste minimization. The P2 Plan will address some of
the topics addressed in the ISWMP. At a minimum, these two plans should
reference one another. It may be appropriate to include parts or all of the ISWMP
as an appendix the P2 Plan. Solid waste issues that potentially overlap P2
planning include source reduction, affirmative procurement, recycling, and
composting. (See para 5-9 of this publication for more details on solid waste
management options.)
10-4. P2 in planning and decisionmaking
a. P2. For planning, decisionmaking, and documents required by the NEPA,
the definition of P2 may be broadened beyond source reduction to include any
reasonable mechanism that successfully avoids, prevents, or reduces pollutant
discharges or emissions other than by treating pollution at the discharge end of a
pipe or stack.
b. NEPA. P2 opportunities should be included in NEPA assessments of major
Federal actions, and identified in the resultant NEPA document as a means for
mitigating an identified impact. (For more information, see AR 200-2 .) CW
requirements are addressed in ER 200-2-2.
c. Acquisition. For assistance incorporating P2 into the acquisition process,
see DA Pam 700-3, the Comprehensive Procurement Guidelines, Associated
Recovered Materials Advisory Notices, section 23 of the FAR, and DAR 5000.1
and 5000.2R.
10-5. Other program requirements
a. P2 funding. Noncompliance P2 projects will be funded based on cost
benefits and return on investment (ROI). Noncompliance P2 projects must be
supported by cost benefit estimations to be considered for funding. Installations
should budget and fund P2 projects using the following guidance:
(1) The Vice Chief of Staff of the Army (VCSA)/Army Acquisition Executive
Memorandum Subject: Policy for Funding Environmental Program Requirements,
6 May 1999.
(2) The current version of EPR Policy and Guidance Document as updated
by Office of Director of Environmental Programs.
(3) Cost-benefit estimation guidance from ODEP and USAEC.
(4) MACOM guidance.
b. P2 reporting. Based on MACOM guidance, installations and CWFs will
report all progress toward meeting P2 goals, any problems in implementing P2,
and all changes in baseline, goals, methods, and timelines.
c. Coordination. Identify the following through command channels to the
appropriate MACOM or the Army acquisition executive:
(1) R&D or technology transfer requirements that would assist the Army P2
Program.
(2) Specifications, standards, TMs, and other documents that require the
unnecessary use of HAZMATs.
(3) Nonhazardous and nonpolluting processes or materials to replace
hazardous processes or materials required by specifications, standards, or TMs.
(4) Noteworthy individual, team, installation, or CWF efforts in P2 for award
or recognition.
10-6. Technical assistance
Installations, MACOMs, and acquisition programs may obtain technical
assistance in various aspects of P2 from the sources below. Managers at CWFs
should consult their environmental compliance coordinator network for sources of
technical assistance. (See app B for mailing addresses and Web sites.)
a. ODEP, P2.
b. USAEC, P2.
c. AAPPSO.
d. USACHPPM, Surface Water and Wastewater.
e. USACERL.
f. U.S. Army Tank Automotive Research, Development and Engineering
Center.
g. National Defense Center for Environmental Excellence.
h. U.S. Army Research Office.
i. U.S. Army Research Laboratory.
j. U.S. Army Soldier and Biological Chemical Command.
k. Natick Soldier Center.
l. U.S. Army Aviation and Missile Research, Development and Engineering
Center.
m. National Automotive Center.
Chapter 11
Environmental Restoration Programs
11-1. Scope
This chapter outlines the procedures to meet the requirements of AR 200-1 ,
chapter 11. It does not apply to CW properties or functions of the USACE,
contractor-owned and contractor operated facilities that are not on real property
controlled by the Army, or installations in foreign nations. OCONUS installations
should see chapter 14 for overseas guidance.
11-2. Defense Environmental Restoration Program
The Defense Environmental Restoration Program (DERP) ( 10 USC 2701 - 2708
) authorizes DOD to carry out a program of environmental restoration at Federal
facilities under the jurisdiction of the SECDEF. The Army manages the
Installation Restoration Program (IRP) and the BRAC Environmental Restoration
Program for identifying, investigating, and cleaning up previously contaminated
Army lands to an acceptable level of risk. The Secretary of the Army has been
designated executive agent for managing the Formerly Used Defense Sites
(FUDS) program for the DOD.
a. The DUSD(ES) establishes program goals and provides program
management oversight. The DUSD(ES) establishes goals for the IRP, BRAC
Environmental Restoration Program and the FUDS program in the Defense
Planning Guidance (DPG).
b. The Army programs, budgets, and manages the Army transfer account
(known as ER,A) for the IRP and the base closure accounts (BCAs) for the
BRAC Environmental Restoration Program. The MACOMs provide IRP and
BRAC program execution. The USACE provides execution for DOD FUDS and
DASA(ESOH) provides programming and budgeting information to the Office,
Deputy Undersecretary of Defense for Environmental Security (ODUSD(ES)) for
the FUDS portion of DERP.
c. Qualifications for projects eligible to receive IRP and FUDS funding are
listed in the DERP Management Guidance. BRAC eligible cleanup, compliance,
and UXO projects are supported with BCA funds. Project designation and
eligibility are listed in the DERP Management Guidance and the Army's BRAC
Environmental Restoration Program Management Plan.
(1) BRAC cleanup refers to studies and, where required, environmental
cleanup of sites to reduce risks to human health and the environment from
contamination resulting from past DOD activities.
(2) BRAC compliance refers to closure-related compliance activities. These
activities are generally related to projects associated with facilities and buildings
requiring cleanup or abatement such as closure of HW treatment, storage, and
disposal facilities; abatement of friable asbestos and LBP; and removal of USTs
necessary to support transfer of property. In accordance with the DOD/EPA 1999
LBP Field Guide, the BCA will pay for LBP surveys and risk assessments on pre1978 housing prior to transfer for residential reuse. LBP soil sampling and
abatement should only be addressed under the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (Title X of the Housing and Community
Development Act of 1992). Any LBP soil sampling or abatement that is outside
the provisions of Title X must be approved by the ACSIM-BRAC Office (DAIMBO) on a case-by-case basis.
(3) BRAC UXO refers to the identification, investigation, and response to
UXO at closing/realigning installations in support of reuse and property transfer
and is a restoration cost.
d. Exceptions to the eligibility policy contained in the DERP Management
Guidance must be requested in writing. This request should be forwarded,
through the chain-of-command, to the HQDA(DAIM-ED) (for active installations)
or HQDA(DAIM-BO) (for BRAC installations), Washington, DC 20310-0600. The
ACSIM grants approvals with the concurrence of the DASA(ESOH). The written
request must justify the estimated cost of the project and the need for funding
during the current FY. The request will also justify the need to use IRP, FUDS,
and BRAC funds.
e. The Defense State Memoranda of Agreement/Cooperative Agreement
(DSMOA/CA) Program reimburses state environmental regulatory agencies for
technical services provided in support of the Army's restoration programs. While
fostering open communication between the Army and state regulators, this
program assists in expediting environmental restoration at Army installations.
The USACE is the PM for DSMOA support to all DOD components. DSMOA
reimbursement is limited to projects paid for with ER,A (includes FUDS) or BCA
funding only.
11-3. Comprehensive Environmental Response, Compensation,
and Liability Act application to installation/facilities or Formerly
Used Defense Sites restoration programs
a. The EPA's regulation for administering the CERCLA process ( 40 CFR 300
) is the NCP. The NCP describes the procedures necessary for CERCLA eligible
HW sites, including those at operating Army installations, BRAC installations, and
FUDS.
b. CERCLA requires the EPA to identify and designate sites (including DOD
installations and FUDS) that have priority for remedial action (RA). The list of
these sites is known as the national priorities list (NPL).
(1) The EPA's Hazard Ranking System (referred to as HRS II) determines
which sites should be included on the NPL. Before the EPA can list a site, it is
subject to public review in the FR and approval by the state's governor.
(2) When the EPA scores an installation using the HRS II and identifies the
installation as being a possible site for the NPL, installations will consult with their
MACOM and the USAEC for the IRP and BRAC environmental restoration
program. For FUDS, the USACE Directorate of Military Programs (CEMP)
executes the management of environmental cleanup activities and will manage
the response to EPA NPL notifications related to FUDS. Subject to applicable
law, installations, MACOMs, the USAEC, and CEMP will cooperate with the EPA
and the states in the site evaluation process by-(a) Providing existing data on the site and negotiating a schedule for
collecting additional data needed for the HRS II evaluation.
(b) Reviewing the final HRS II scoring of a site. The MACOM (CEMP for
FUDS) should request the opportunity to review the final HRS II scoring package
and provide comments to the EPA before publication of the FR notice proposing
the site as an addition to the NPL. The installation should conduct a technical
review, in coordination with USAEC (except for FUDS), to assess the
reasonableness of the assumptions and the accuracy of the data. The Director of
Environmental Programs (DEP) will review the response package before
submitting comments to the EPA. If this review cannot be accomplished prior to
the formal proposal, it will be completed during the comment period after
publication of the proposal in the FR. Comments should be made through the
chain-of-command, via the DEP, to the EPA within the period required by the FR.
(3) Once proposed or included on the NPL, the Army will conduct all the
actions necessary to eliminate the environmental hazard at the sites. The Army
will address property included or proposed for inclusion on the NPL containing
one or more sites following the guidelines of the NCP. For active, BRAC, and
NPL/proposed NPL properties, as well as for installations designated critical by
the DEP, specific requirements to be fulfilled include the following:
(a) Appointing a remedial project manager/BRAC environmental
coordinator (RPM/BEC) within 30 days.
(b) Establishing a Restoration Advisory Board (RAB) or Technical
Review Committee (TRC) (see para 11-15b ).
(c) Implementing the community relations and public participation
procedures specified in 42 USC 9617 and the NCP, section 300.67 (see para 1115 ) (for the ARNG, follow National Guard Bureau (NGB) guidelines). Appoint a
public affairs specialist to coordinate all releases of information with the MACOM
PAO.
(d) Establishing an administrative record in accordance with 42 USC
9613 (k)(l) and 40 CFR300.800 .
(e) Initiating the remedial investigation/feasibility study (RI/FS) within 6
months.
(f) Within 120 days, developing and submitting to the DEP for approval
a response plan that describes actions to be taken, is fully consistent with the
NCP, considers state and local concerns, includes milestones, and includes
resource requirements. The response plan should be modified to keep it current
with new information. Significant changes should be coordinated with the DAIMED.
(g) Upon nomination to the NPL, EPA regions will request that the
installation and state enter into a Federal Facility Agreement/Interagency
Agreement (FFA/IAG). The IC and the DASA(ESOH) will both sign the FFA for
the Army. DOD and the EPA developed model language that forms the basis for
negotiations. DOD must approve changes to the model language. Normally,
installation legal offices have the lead in FFA negotiations. The legal chain-ofcommand may, however, designate another lead if the installation and/or
MACOM request assistance. The lead for FFAs/IAGs required for FUDS will rest
with the USACE district with FUDS responsibility over the project. Such district
commanders will serve as ICs for FUDS.
(4) After the Army has conducted all actions necessary to protect human
health and the environment, the Army will petition to the EPA to delete the site
from the NPL. The EPA may delete sites/releases from the NPL when no further
response action is required to protect human health and the environment.
Procedures for deleting a site from the NPL are described in the NCP, section
300.425.
c. For purposes of FUDS, the geographic USACE district with FUDS
responsibilities will accomplish these tasks in accordance with USACE's DERPFUDS Program Manual.
d. The Agency for Toxic Substances and Disease Registry (ATSDR) is
mandated under CERCLA section 104 (I) and section 2704 to evaluate all
Federal facilities on or proposed to the EPA's NPL for public health concerns.
11-4. Resource Conservation and Recovery Act application to
installation/facilities or Formerly Used Defense Sites restoration
programs
a. Installations not on the NPL may have restoration requirements under other
environmental acts such as RCRA. Regardless of whether CERCLA or RCRA
dictates remediation, installations may address sites using ER,A, BCA, and
FUDS funds (referred to below as restoration program funding) if the sites meet
eligibility requirements.
b. If an installation receives a RCRA operating permit, regulators may require
a RCRA facility investigation, corrective measures study, interim corrective
measures, or corrective action under the corrective action portion of the permit.
The RCRA Facility Assessment, conducted by the EPA for the initial operating
permit, identifies all SWMUs at an installation. Not all SWMUs identified for
response under the corrective action portion of a RCRA operating permit are
eligible for ER,A or BCA funds.
(1) Investigations and corrective actions of SWMUs resulting from past
operations where the SWMU was inactive or closed prior to being subjected to
RCRA requirements can be funded within the appropriate restoration program.
(2) Investigations and corrective action of SWMUs resulting from ongoing
operations cannot be supported with restoration program funding. If an active
SWMU is investigated and closed under the RCRA corrective action process and
supports property transfer, BCA funds are to be used.
c. Site investigations and remedial responses may be required under the
terms of a consent order/agreement, compliance order/agreement, or NOV
resulting from an inspection or through self-reporting. Not all remedial responses
under the order/agreement/violation are eligible for restoration program funding.
(1) Investigations and remedial responses of sites resulting from past
operations where the site was inactive or closed prior to being subjected to the
order/agreement can be supported with restoration program funds.
(2) Investigations and remedial responses at sites resulting from ongoing
operations at active installations or FUDS cannot be supported with restoration
program funds. Investigations and corrective action at BRAC installations that
support property transfer must use BCA funds.
11-5. Installation Restoration Program
The IRP applies to active, operational Army installations and inactive, standby
installations. It is conducted consistent with the process described in the NCP, 40
CFR 300 , and, if applicable, the substantive requirements of the RCRA
corrective action process. The IRP also complies with state, regional, and local
requirements applicable to the cleanup of hazardous materials contamination, as
well as related site safety.
a. The IRP provides a structured, but flexible approach for identifying,
evaluating, and cleaning up sites at installations where hazardous substances
were released to the environment. The NCP specifies this RA process. It leads to
one or more categories of response (removals, interim RAs, or final RAs) or may
demonstrate that no additional action is justified.
b. Cleanup goals are determined on a site-by-site basis. All applicable or
relevant and appropriate requirements (ARARs) of Federal and state laws are
considered in establishing these goals and in selecting the best methods for
cleanup.
c. At each phase of response, appropriate coordination is conducted with
Federal, state, regional, and local regulatory agencies. Interaction between the
installation and the regulatory agencies should be frequent.
d. Community relations activities are an integral part of the Army's IRP. ICs
seek public involvement early in the cleanup process (see para 11-16 ).
11-6. BRAC Environmental Restoration Program
The Army's BRAC Environmental Restoration Program is similar to the Army's
IRP, but has been expanded when necessary to include contamination
substances not normally addressed under the IRP. These substances include
asbestos-containing materials (ACM), radiological commodity and NRC regulated
substances, LBP, PCBs, radon, and UXO. PL 100-526 and PL 101-510
designated more than 100 Army installations for closure and realignment. The
requirements to investigate and clean up contamination prior to the release and
reuse of the property makes expedited cleanup necessary. The Army established
the BRAC Environmental Restoration Program in 1988 with the first round of
base closures (BRAC I), and continued it with the second (BRAC 91), third
(BRAC 93), and fourth rounds (BRAC 95).
a. The Army BRAC Environmental Restoration Program supports DOD's Fast
Track Cleanup initiatives. The DOD Fast Track guidance implements the
President's five-part program to speed up economic recovery in communities with
closing military bases.
b. The BRAC Environmental Restoration Program uses the BRAC Cleanup
Team (BCT) concept to speed up environmental restoration where property will
be available for transfer to the community. Each BRAC installation will have a
BCT unless exempted by the DAIM-BO. If DAIM-BO determines that a BCT is
not required (that is, small installation or remote location), a fast track cleanup
point of contact (FTC POC) will be appointed. The BCT consists of one Army
representative, one representative of the appropriate state, and where
appropriate, one representative from the EPA. The BCT is the primary forum that
addresses issues affecting the execution of cleanup to facilitate reuse.
c. The Army representative on the BCT is the BEC. The IC nominates the
BEC. The IC forwards the nomination and individual's resume through the
MACOM for approval at HQDA (DAIM-BO). The BEC appointed at each closing
installation works for and within the Army organization and has the responsibility
and implementation authority for environmental cleanup programs related to the
transfer of the installation's real property. The BEC will-(1) Contact the appropriate EPA Regional Office and state environmental
regulatory agency and form the BCT.
(2) In conjunction with the other members of the BCT, conduct a bottom-up
review (BUR) of the environmental cleanup programs. The BUR will include an
evaluation of the existing environmental programs such as the IRP, Closure
Related Compliance Program, the Asbestos and Lead-Based Paint Abatement
Programs, Natural/Cultural Resources Program, and P2 to identify opportunities
for acceleration to expedite conveyance of property.
(3) Ensure a BRAC Cleanup Plan (BCP) is prepared and updated as
needed.
(4) Implement all environmental cleanup programs related to closure in an
expeditious and cost effective manner in accordance with the BCP and annual
budgets.
(5) Negotiate (with consensus building approach) appropriate cleanup and
abatement actions with EPA and state BCT members.
(6) Identify resource requirements for cleanup and abatement actions in
accordance with EPR guidance.
(7) Act as the liaison/coordinator with appropriate installation and
headquarters commanders with regard to environmental restoration and closurerelated compliance matters.
(8) Participate, in conjunction with other BCT members, as co-chairman of
the RAB, as agreed to by the IC (this may be delegated to the installation PAO or
other appropriate official).
(9) Act as liaison to the DOD Base Transition Coordinator (BTC) on
environmental matters affecting the leasing or conveyance of property (for
example, cleanup schedules and priorities, cleanup actions and levels, reports to
community leaders on cleanup progress and/or possible impediments to a lease
of conveyance.)
(10) Provide direction on the use of BRAC environmental funds to
accomplish cleanup and abatement actions within resources available.
(11) Propose and execute cleanup agreements (or changes to existing
cleanup agreements), orders and decrees, and other environmental procedures
to achieve timely and cost effective cleanup.
(12) Serve as the PM or the RPM where the installation has a FFA, IAG, or
other regulatory cleanup agreement, order, or decree.
(13) Prepare the finding of suitability to lease (FOSL) and finding of
suitability to transfer (FOST).
(14) Establish and maintain the administrative record and participation
procedures required under CERCLA. Establish and maintain the administrative
records of all other actions taken with regard to the cleanup of the installation.
(15) Maintain an awareness of the status of site activities and intervene as
warranted to ensure expeditious environmental cleanup completion.
(16) Integrate property transfer priorities into the environmental cleanup
program.
(17) Certify that construction projects requested by lessees will not
interfere with the environmental cleanup program.
(18) Initiate innovative ideas that will accelerate the cleanup and transfer of
excess Army property and are consistent with the intent of this appointment.
(19) Ensure that all environmental requirements (cleanup and compliance,
for example, NEPA, section 106, section 7) are being addressed to posture
property for disposal as soon as possible in accordance with DA guidance and
community reuse plans.
d. Installations requiring no BCT will appoint a FTC POC in place of a BEC.
The same procedures are used for the nomination and approval of the FTC POC
as those used for the BEC. The FTC POC will follow the same procedures as
identified for the BEC in paragraph c above.
11-7. FUDS Program
The FUDS Program cleans up properties that were formerly owned, leased,
possessed, or used by the Army, Navy, Air Force, or other defense agencies.
The Army is the Executive Agent for FUDS and provides management oversight
through DASA(ESOH). The USACE is responsible for carrying out the program.
Installations receiving inquiries concerning FUDS will refer interested parties to
the nearest USACE military district. DOD's DERP-FUDS charter provides general
policy on management and execution of the FUDS Program. USACE's DERPFUDS Program Manual specifies FUDS execution policy and procedures.
11-8. Information management and data requirements
a. Site. A site is a discrete area with verified contamination requiring further
response action that has been or will be entered into the Defense Site
Environmental Restoration Tracking System (DSERTS). BRAC compliance and
UXO sites are appropriately coded within DSERTS. Also, for BRAC compliance
sites, a project addressing multiple sites for a single contaminant (for example,
asbestos, LBP) is equivalent to a "site." For the FUDS Program, a site is
equivalent to a "project" and an installation is equivalent to a "FUDS Property";
therefore, multiple projects may be executed on a single FUDS property.
b. Data reporting systems. The DSERTS is a web-based computer program
used Army-wide by MACOMs, installations, and PMs. DSERTS provides an
automated method to manage, track, and query data on activities conducted
under the DERP (IRP and BRAC Environmental Programs). The Army uses
DSERTS data to meet upward reporting requirements and to manage the Army
restoration programs. The DSERTS is the major source of information for the
DERP Annual Report to Congress, relative risk site evaluations (RRSEs), DOD
in-process reviews and measures-of-merit, and Installation Action Plans/BCPs
and abstracts. The FUDS program uses the FUDSMIS for the same purposes.
c. RRSEs. The DOD established restoration goals for the DERP using a risk
management concept with RRSEs. The RRSE uses common standards and
rating definitions for all military services to ensure uniform categorization DODwide. RRSEs ensure general sequencing of restoration work across DOD, first at
sites that pose the most risk to human health and the environment. The RRSE is
not a substitute for a baseline risk assessment or health assessment, nor is it a
means of placing sites into a "no further action" category. RRSE is only a
secondary prioritization tool within the BRAC Environmental Program. The
primary tool for prioritization at BRAC installations is imminent beneficial reuse.
(1) The Army categorizes DSERTS sites into relative risk groups based on
an evaluation of contaminants, pathways, and human and ecological receptors in
ground water, surface water, sediment, and surface soils. Evaluations of these
factors at a site are combined to place the site in an overall category of "high,"
"medium," or "low" relative risk.
(2) DOD requires RRSEs for all sites (excluding BRAC and UXO
compliance sites) with ongoing restoration activities. RRSEs should be
performed with available site data. Using the RRSE module in DSERTS,
installations evaluate available data for each DSERTS site that requires further
response. DOD uses relative risk to track the Army's progress in site cleanup.
(3) Installations must solicit stakeholder involvement throughout the RRSE
process. Risk evaluations can serve as the basis for dialogue with stakeholders
(local community and regulator representatives) on sequencing work at sites.
d. Cost-to-complete (CTC). The DOD requires that all services develop a
comprehensive estimate, by site, of the total cost for completing all eligible
environmental cleanups under the IRP, BRAC Environmental Restoration
Program, and the FUDS Program. The DPG requires an annual update of this
estimate of CTC for each site in DSERTS with any future planned or potential
activity.
(1) The Army uses CTC estimates to develop both the IRP and BRAC
Environmental Restoration Programs and budgets.
(2) Requirements for the IRP and BRAC Environmental Restoration
Programs are developed and updated using the CTC estimating model. Site level
requirements are then programmed in DSERTS based on budget allocations.
(3) Procedures for determining CTC estimates for FUDS are in the DERPFUDS Program Manual.
e. Quality assurance. For the IRP and BRAC Environmental Restoration
Program, MACOMs are responsible for providing quality assurance on all data
submitted by installations. All data must meet Army criteria for eligibility and must
include RRSE data and CTC estimates by site.
11-9. Requirements identification
a. Installation Action Plans (IAPs). Each installation receiving IRP funds must
develop/update IAPs annually. In the case of the ARNGUS, the NGB acts as the
installation and is responsible for preparing the IAP.
(1) For each site within DSERTS, the IAP documents IRP requirements,
the rationale for the technical approach, and corresponding financial
requirements. Prior year funding and tentative cost estimates through the entire
remedial process are included. Estimates of cost must be fully supportable, either
using a cost-estimating model (the CTC model) or engineered estimate (from a
FS). The IAP contains the IRP goals, schedules, history, current DSERTS status,
contaminants of concern, response actions taken, and past milestones, as well
as any possible future response actions.
(2) The IAP is meant to be a "living document." ICs are responsible for
development and subsequent revisions of the IAP and must sign the IAP
annually. Despite the official requirement for an annual submission, the
installation should update the plan whenever a change to the program occurs or
as needed for presentation to regulators and the interested public. At his or her
discretion, the IC may distribute the IAP to regulators and/or the public to present
the planned restoration activities for the installation.
b. BCPs. The BCP is a management tool that presents the entire
environmental program for the installation. Closure installations with established
BCTs will prepare and update BCPs as needed. The installation uses the BCP to
expedite and improve environmental response actions for disposal and reuse of
the installation, while protecting human health and the environment. A BCP
should provide the status of a BRAC installation's cleanup and compliance
programs, the status of base disposal efforts, and the strategy, rationale,
schedule and costs for future execution of all environmental programs.
(1) The DOD BCP Guidebook provides guidance for preparing the BCP.
Each BRAC installation with a BCT must have a BCP unless exempted by DAIMBO. The BCT is responsible for preparing and implementing the BCP.
(2) DOD requires a BCP abstract for every installation with a BCP and all
BRAC 95 installations with a FTC POC. The BCP abstract conveys key program
management information and summarizes the updated status of the installation's
environmental program. The BCP abstract is useful in focusing attention on the
overlap between reuse and cleanup planning efforts.
(3) The BCP abstract is a tool used to deliver regular reports to DOD. BCP
abstracts are a module in DSERTS and are updated during the DSERTS data
calls.
c. Environmental Baseline Survey (EBS). The EBS satisfies the requirements
of PL 102-426 for BRAC installations. Paragraph 15-6 provides guidance and
procedures for conducting an EBS. The primary objective of Community
Environmental Response Facilitation Act (CERFA) is for Federal agencies to
quickly identify real property in order to offer the greatest opportunity for
immediate reuse and redevelopment of the land. In accordance with CERFA, the
Army will identify clean real property where no CERCLA regulated hazardous
substances or petroleum products were released or disposed.
d. Eligibility requirements. Use of ER,A, BCA, and FUDS funds to restore the
environment is generally restricted to those cleanup activities associated with
past releases of contamination to the environment.
(1) The ODUSD(ES) provides specific activities eligible for IRP funds in the
DERP management guidance.
(2) Activities eligible for BCA funds for the BRAC environmental program
include cleanup, compliance, and UXO activities. BRAC cleanup activities are the
same as those listed in the DERP management guidance for the IRP. BCA
eligible compliance activities are limited to closure-related compliance activities.
When identifying requirements at closing and realigning installations,
differentiation must first be made between closure-related compliance activities
and mission/operational-related compliance activities. BCA eligible compliance
activities may include the following:
(a) Response to releases from in-service USTs.
(b) Friable asbestos that pose health risks and have not been abated by
the installation.
(c) USTs to be removed because the tanks are no longer in compliance
or will be out of compliance prior to transfer or lease of the property.
(d) Cleanup of leaking USTs no longer needed under closure of the
installation.
(e) Cleanup of PCBs.
(f) LBP soil sampling and abatement. Any LBP soil sampling or
abatement that is outside the provisions of Title X must be approved by DAIMBO on a case-by-case basis.
(g) LBP cleanup. MACOMs and installations that are confronted with
LBP cleanup should request guidance from ODEP or DAIM-BO on the payment
for LBP surveys.
(h) RCRA closure actions accelerated due to the closure of an
installation.
(i) Radiological issues (commodity and NRC license-related
decommissioning).
(3) BRAC UXO projects include approved UXO projects necessary for
property transfer. Building demolition/debris removal is not an eligible BRAC
restoration activity at closing/realigning installations. When a structure has been
declared a safety or health hazard, or when remediation necessitates demolition,
BCA funds can be used.
e. Obligation/Work plans.
(1) The MACOM and installations identify their IRP requirements each year
in the IRP Obligation Plan. The MACOMs ensure that funds are obligated only
against sites and phases identified in the IRP Obligation Plan. The Obligation
Plan is a list, by installation, of the Army's total IRP requirements for a particular
year. The Obligation Plan contains several components. The following
information must be in the Obligation Plan: the planned and actual obligation by
DSERTS site and by quarter, the RRSE ratings, phase, legal driver, and
milestone. The plans must reflect 100 percent of the MACOM Annual Funding
Plan. When unforeseen issues arise that take precedence over approved line
items on the IRP Obligation Plan, an installation identifies new requirements to
be added to the plan. The MACOM must provide to USAEC-ER an updated plan
for obligation of funds and identify a site to decrement in order to pay for the new
requirement.
(2) The MACOMs and installations identify their BRAC requirements for a
particular year in the BRAC Work Plan. The BRAC Work Plan is a prioritized
listing of the Army's total BRAC EPR listed by installation. The DAIM-BO uses
the BRAC Work Plan to track execution of the BRAC Environmental Program.
The BRAC Work Plan includes cleanup, closure-related compliance, and UXO
projects for BRAC 95 installations, cultural and natural resource requirements,
and NEPA requirements. The BRAC Work Plan also includes the proposed
obligation of funds by month.
(a) The USAEC-ER prepares the BRAC Work Plan for the current year
and the programmed year (FY+1). DAIM-BO uses imminent threat to human
health and the environment, beneficial reuse, legally enforceable requirements,
relative risk, earlier funding decisions noted in the development of the BCP, and
other management factors to prioritize BRAC EPR. The BRAC
authorization/appropriation amount is the baseline in determining which projects
are funded. Installations are required to provide input to the BRAC Work Plan
prior to the BRAC Work Plan reviews held twice annually.
(b) When unforeseen issues arise that take precedence over approved
line items on the BRAC Work Plan, an installation identifies new requirements for
addition to the work plan and identifies a bill-payer from their approved program
to pay for the new requirement to the USAEC-ER and DAIM-BO. The MACOM
will submit changes to the current year work plan with justification for adding new
site requirements for execution to the USAEC and DAIM-BO. MACOMs and
installations ensure that any new requirements are fully coordinated with the
project executor. If an Army management structure (AMS) code does not exist for
this project, the MACOM must provide DAIM-BO with the new AMS code. In turn,
USAEC must update the work plan and provide it to DAIM-BO before DAIM-BO
releases funds. Additions to the work plan can be submitted at any time.
(3) The FUDS Annual Work Plan will be developed in accordance with
guidance and procedures in the FUDS Program Manual. The FUDS work plan
will be staffed through the ACSIM and approved by the DASA(ESOH).
11-10. Programming and budgeting
a. IRP and FUDS. Congress authorizes and appropriates Army funding for
the IRP and FUDS as two separate transfer accounts. This funding covers the
cleanup of contaminants at active Army installations or former DOD facilities
located in the U.S., the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana Islands,
and any other territory or possession over which the U.S. has jurisdiction.
(1) IRP. In the year of execution, USAEC builds the Army's IRP budget
with DSERTS site-level detail based on the CTC estimates and RRSEs. USAEC
consolidates MACOM and installation identified requirements into the budget.
USAEC notifies the MACOMs of their Annual Funding Program (AFP) and
provides MACOM level AFP distribution guidance to the Army Budget Office.
(a) MACOM Obligation Plans are due in early October for the current
FY. Planned execution is presented by site, phase, and quarter.
(b) MACOMs update planned and actual obligations by installation, site,
phase, and quarter. Updated Obligation Plans are due to USAEC on the first day
of the second month after the end of the quarter: 1 February, 1 May, 1 August,
and 1 November.
(c) During the year, at the Program Execution Reviews, the MACOMs
report on progress toward obligation of their AFP, explaining any discrepancies
meeting Army and DOD goals.
(d) Installations must reconcile obligations with the Defense Financial
Accounting System (DFAS) and the Corps of Engineers Project Execution and
Accounting Report. Installation or executor resource managers input installation
and phase level obligation information to the DFAS using AMS codes identified in
DFAS-IN Regulation 37.
(2) FUDS. FUDS programming and budgeting procedures are described in
the DERP-FUDS Program Manual.
b. BRAC.
(1) Congressional legislation directs that BRAC environmental restoration
requirements are funded with BRAC I, BRAC 91, BRAC 93, BRAC 95, or other
subsequent BRAC accounts, as appropriate. BRAC environmental requirements
are defined as environmental restoration actions that must be completed to meet
the BRAC schedule. Cleanup projects that must be accomplished sooner, to
allow for disposal of the property under BRAC authority, must be financed by
BRAC. For installations undergoing realignment, the Army need only expend
funds from BRAC accounts to finance cleanup of properties being assessed in
accordance with the recommendations of the Base Closure Commission.
(2) The responsibilities for BRAC funding are as follows:
(a) ACSIM is the approving official for the BRAC Work Plan.
(b) As PM, the DAIM-BO prepares programs (for example, the POM)
and budgets for the Army's BRAC Program.
(c) USAEC oversees the environmental portion of the Army's BRAC
Program, which includes the preparation, maintenance, and submission of the
BRAC Work Plan upon which budgets are based.
(d) USAEC and MACOMs will use CTC estimates to identify BRAC
environmental restoration requirements. For BRAC 95, the NEPA, cultural and
natural resources, and compliance and UXO projects required by virtue of BRAC
actions will be reported in the work plan in addition to the environmental
restoration requirements.
(e) MACOMs will ensure that all environmental restoration requirements
are provided to the USAEC for inclusion in the BRAC Work Plan. MACOMs will
identify NEPA and cultural and natural resources for their BRAC 95 installations.
(f) USACE and the servicing corps districts are responsible for
coordination with the implementing MACOMs and installations.
11-11. IRP and BRAC program execution
a. Lead executing organization. The IC designates the lead executing
organization for IRP and BRAC environmental restoration projects. Use of
government agencies outside DOD to execute cleanup projects is discouraged
except under unusual circumstances. As appropriate, the Economy Act will be
followed. General requirements of the lead executing organization include the
following:
(1) Following guidance and procedures for response actions contained in
the Army Restoration Programs Guidance Manual and the current IRP and
BRAC Management Plans.
(2) Conducting appropriate coordination at each phase of response with
Federal, state, regional, and local regulatory agencies. This coordination will
include notification according to CERCLA, section 103c, and notice of
environmental restoration activities per 10 USC 160 , section 2705. For example,
the installation must notify EPA, Natural Resource Trustees, state, and local
authorities concerning the following:
(a) The discovery of a release or threatened release of a hazardous
substance in accordance with the NCP.
(b) The extent of the threat to public health and the environment
associated with the release or threatened release.
(c) Proposals for carrying out a response action with respect to the
release or threatened release.
(d) Initiation of any necessary response action with respect to the
release or threatened release and the start of each phase of such activities.
(3) Providing EPA, state, and local officials with an opportunity to review
and comment on notices, proposals, and actions, as required.
(4) Notifying and coordinating with Natural Resource Trustees as required
by section 107 of CERCLA, concerning potential natural resource impacts of
remedial activities.
(5) Establishing a community relations program (see para 11-15 ) for each
IRP and BRAC project where an RI/FS or interim or permanent RA is planned.
Unless an emergency situation exists, the affected public will be allowed to
review and comment on the proposed action.
(6) Submitting plans for remediation of ordnance and explosive materialcontaminated real property to HQDA in accordance with AR 385-64 . At BRAC
installations, plans for ordnance and explosives remediation must be approved
by the DAIM-BO before proceeding with removal.
(7) Considering monitored natural attenuation as a potential remedy for
sites needing cleanup, either alone or in combination with active engineered
remedies. An engineered RA will not be approved unless data exists to prove
that natural attenuation is inappropriate for a site cleanup.
(8) Providing ER,A and BCA funds for the DSMOA/CA for state regulatory
restoration program services at Army installations. The USACE executes the
DSMOA/CA program and reports on the status of the DSMOA/CA program at the
DOD in progress reviews (IPRs). The USAEC reviews proposed DSMOA/CA
budgets and quarterly reports from the states for consistency with the approved
work plans and eligibility for reimbursement.
(9) Providing ER,A and BCA funds for the ATSDR to evaluate proposed
NPL/NPL Army properties for public health concerns. USACHPPM is the Army's
liaison with ATSDR and reports on the status of the ATSDR program at the DOD
in-process reviews. The USACHPPM provides the USAEC with an annual plan of
work for ATSDR at Army installations in May/June. USAEC reviews the proposed
ATSDR Annual Plan and approves the proposed ATSDR budget for consistency
with the approved IRP Work Plan and eligibility for reimbursement. The
USACHPPM provides MACOMs and installations with a schedule for site visits.
b. IRP.
(1) The Army's IRP execution strategy is to meet the goals of the DPG.
Additionally, the current IRP management plan specifies goals for
accomplishment of cleanup at sites based on relative risk for quarterly obligation,
disbursement of funds, and program management costs.
(2) Installations will account for expenditures of the installation allotment of
the ER,A account by site. This information will be tracked both at the site level
and reported to the MACOM and at the phase level and reported through the
DFAS.
c. BRAC Environmental Restoration Program.
(1) BRAC program requirements are identified in the President's budget.
After Congressional approval of the DOD appropriation that funds this program,
funds are released to the Army. As PM, DAIM-BO receives the funding and
distributes it for program execution. Funds are distributed to the project
executors, either USACE districts or installations. Funds are provided for both
program management and project execution.
(a) BRAC funds requests should be submitted to DAIM-BO through the
automated funds release system.
(b) BCA package identification codes are used as identified in DFAS in
Regulation 37. BCA funds are available for obligation for a 6-year period
beginning in FY 1990 for BRAC I. Separate accounts were established for each
subsequent BRAC program.
(2) The current BRAC Management Plan specifies goals for
accomplishment of cleanup at sites based on reuse for quarterly obligation,
disbursement of funds, and program management costs.
(3) Installations will account for expenditures of the installation allotment of
the BRAC account by site. This information will be tracked both at the site level
and reported to the MACOM and at the phase level and reported through the
DFAS.
d. FUDS execution procedures are described in the DERP-FUDS Program
Manual.
11-12. USAEC functions
Pursuant to AR 200-1 and under the guidance of the ACSIM, the USAEC
provides a broad range of program, oversight and technical support for the
implementation of the environmental restoration requirements in support of
HQDA, MACOMs, and installations. Execution of the USAEC oversight mission
involves four major elements: fiscal, reporting, program assistance, and policy
and guidance.
a. Fiscal.
(1) Develop and manage the obligation/work plans for the BRAC and IRP
active sites by using site-level data to build a prioritized unconstrained program.
(2) In conjunction with the MACOMs, confirm IRP eligibility. Establish IRP
funding levels based on legal requirements, relative risk, and policy and
guidance.
(3) In conjunction with the MACOMs and DAIM-BO, provide advice on
BRAC funding levels based on legal requirements, reuse, relative risk, and policy
and guidance.
(4) Brief the obligation/work plans through HQDA staff for approval and to
obtain the DASA(ESOH) concurrence; use the obligation/work plans to provide
program execution oversight.
(5) Review financial information to assess appropriate use of resources.
b. Reporting.
(1) Assess DOD reporting and management requirements, consider
comments from MACOMs, and provide recommendations to the ACSIM.
(2) Collect, review, prepare, and present fiscal, site, and project data to
support periodic program reporting and management requirements.
(3) Maintain the Army-level DSERTS, the Army's primary means of
restoration data collection, to meet upward reporting requirements and to
manage the Army's environmental restoration programs.
(4) Consolidate MACOM DSERTS data submissions and review for
completeness and consistency with Army guidance.
(5) Maintain selected documents from the installation administrative
records to enable the U.S. Army Staff (ARSTAF) to do 5-year reviews and
historical queries.
(6) Provide data calls and key events scheduled at the beginning of the FY.
c. Program assistance.
(1) Review program documents (for example, IAPs and BRAC Cleanup
Plan (BCPs)) and program actions to identify trends and problem areas that
require Army-wide guidance.
(2) All USAEC involvement with installations will be coordinated with the
MACOMs.
(a) Involvement in technical and fiscal details and issues of specific
installations will occur when suggested or warranted by program or financial
indicators, when directed by the ACSIM, when requested by a MACOM, and on a
frequency sufficient to assess the implementation of policy and report on
program status to the ACSIM.
(b) On selected installations, review project documents for general
completeness (to include technical adequacy and cost effectiveness of approach)
and adherence to DOD and HQDA policy, standards, and guidance. The USAEC
may attend TRC, RAB, and BCT meetings and communicate all issues of mutual
concern with the MACOMs. Interact with the responsible MACOM, installation,
executing agency, and HQDA staff to resolve problems.
(3) At the direction of the ACSIM, research, obtain data from MACOMs and
installations, analyze, advise, and report on program and project-specific issues.
(4) Participate in and respond through the DEP or DAIM-BO and ACSIM to
the General Accounting Office (GAO), Army Audit Agency (AAA), DOD Inspector
General (IG), and other auditors to identify and address systemic Army
environmental issues and notify the MACOMs as appropriate.
(5) Review key documents such as records of decision (RODs), decision
documents (DDs), FOSTs, and FOSLs in accordance with current HQDA policy.
(6) In conjunction with MACOMs, provide oversight of installation
compliance with FFA and RODs to enable the ARSTAF to better ascertain legal
requirements for budget/POM development and reporting.
(7) Upon request from a MACOM, provide program assistance to the
MACOM or its installations. As resources permit, the USAEC will-(a) Attend MACOM program meetings and selected installation-level
meetings on an "as needed" basis and in coordination with MACOM
environmental staff.
(b) Provide advice and technical review of studies, project reports, and
designs; advice during restoration activities; and advice on innovative
technologies.
d. Policy and guidance. The USAEC will-(1) Assist the ARSTAF in reviewing DOD environmental restoration policy
and represent the ARSTAF on environmental restoration committees and at
meetings.
(2) Draft and staff, as necessary, Army program policy, procedures,
protocols, and instructions for execution of the Army Environmental Restoration
Program at active and BRAC installations.
(3) Monitor general compliance with overall HQDA policy and guidance and
report to the ACSIM.
(4) Assist installations, MACOMs, and executing agencies in the
interpretation of program policy and guidance, as required.
(5) Develop training materials and provide awareness workshops on
program management, and technical and regulatory information, as well as
"lessons learned."
(6) Support value-added program initiatives that promote reduction in
restoration costs (for example, natural attenuation, innovative technologies, NPL
delisting).
e. FUDS. Oversight procedures are described in the DERP-FUDS Program
Manual.
11-13. Staffing and approving DDs
a. Cost approval thresholds. Life cycle cost approval thresholds for all DDs,
including NPL RODs, are as described below. Signature authority for NPL RODs
may not be delegated below a general officer or Senior Executive Service level.
The only exception is that an IC, regardless of grade/rank, may sign NPL RODs
selecting the no action alternative.
(1) The DASA(ESOH) approves RODs and DDs greater than $6 million,
unless the DASA(ESOH) chooses to delegate authority to the ACSIM on a caseby-case basis.
(2) The MACOM commander approves DDs, including NPL RODs,
between $2 million and $6 million.
(3) The IC approves DDs, including NPL RODs, less than $2 million
subject to the limitations in paragraph a above.
b. Staffing procedures for active and BRAC installations.
(1) RODs/DDs of more than $6 million. Submit five copies of final RODs
and other DDs needing ACSIM approval through command channels, including
intermediate headquarters, to HQDA(DAIM-ED-R), 600 Army Pentagon,
Washington, DC, 20310-0600. The ODEP will provide copies to the appropriate
HQDA staff elements (including DAIM-BO for BRAC funded RODs/DDs) for
staffing.
(a) The signature on the endorsement memorandum at each level in
the chain-of-command when forwarding the final ROD or DD to HQDA will be by
someone with authority to sign for the commander.
(b) HQDA expects that, at a minimum, MACOMs will obtain
coordination from USAEC and USACHPPM and staff RODs with the staff
environmental, legal, public affairs, and medical authorities in the MACOM chainof-command. Cover correspondence should state that the staffing within those
MACOM offices was accomplished.
(2) All other RODs/DDs.
(a) Prior to signing NPL RODs, the MACOM or IC must coordinate the
ROD with USAEC and USACHPPM.
(b) The Environmental Law Division of the Office Army Staff Judge
Advocate (DAJA-EL) is available to assist the MACOMs and installations.
Recommend MACOMs and installations use this service when staffing draft
RODs and other DDs.
(c) Provide copies of signed DDs, including RODs, at a minimum, to
each level in the chain-of-command below the approval authority and to the
Commander, USAEC, ATTN: SFIM-AEC-ER, 5179 Hoadley Road, Aberdeen
Proving Ground, MD 21010-5401. The approving headquarters should also
provide a copy of signed RODs to the Office of the Assistant Secretary of the
Army (Installations and Environment) (OASA(I&E)), 110 Army Pentagon,
Washington, DC 20310-0110. The transmittal memorandum for both notifications
should include a short narrative summary describing the action and its
relationship to other cleanup actions/operable units, degree of risk reduction,
cost-benefit of the remedy, and technologies considered.
c. Responsibilities of installations and MACOMs concerning DDs or RODs
that commit the Army to future expenses are to ensure that-(1) The project must meet the eligibility requirements for IRP or BRAC
Environmental Restoration Program funding.
(2) The IRP and BRAC Environmental Restoration Program
Obligation/Work Plans (current year), President's Budget (budget years), or
Future Year Defense Plan (program years) contain funding for the cleanup
program RA. Environmental requirements will be submitted to support planning,
programming, budgeting executing system (PPBES).
(3) The action conforms with priorities for risk reduction in program
guidance.
(4) Monitored natural attenuation is considered during the FS/ROD
process.
d. Suspenses.
(1) Cover memoranda should advise of any negotiated or imposed
deadlines and allow sufficient time for staffing at each level in the chain-ofcommand.
(2) For BRAC fast track cleanup or situations when an IAG or FFA deadline
might be missed-(a) The MACOM should convene a conference call with the installation,
executing agency, DAIM-BO, ODEP, and MSC (if applicable) representatives.
(b) The conference call should result in an understanding of any
deadlines and if and how the process can be expedited.
(c) For RODs/DDs over $6 million, the installation should send a copy
of the final ROD to the MACOM via overnight or next day commercial delivery
and to ODEP to initiate the HQDA staffing process.
e. FUDS. Staffing and approving procedures for FUDS RODs/DDs are
described in the DERP-FUDS Program Manual.
11-14. Off-site response actions
a. Off-site response actions may be considered when-(1) Data indicate that contamination is migrating from a source on Armycontrolled property that may be affecting off-site resources or is at the boundary
of the Army-controlled property.
(2) Contamination is detected beyond the boundary of the Army-controlled
property, and there is evidence that the property is the sole source or a major
source (for example, the contaminants are military-unique; there are no other
potential sources in the area; or other sources in the vicinity are insignificant in
terms of the quantities of contaminant when compared to past land use and
disposal practices).
b. When off-site migration is suspected, the following actions will be taken:
(1) Off-site data collection. AR 200-1 , paragraph 11-10, states that the
DASA(ESOH) will approve all off-site response actions. However, since
publication of the February 1997 AR 200-1, the DASA(ESOH) has designated
authority to the IC to approve off-site data collection to determine contamination
migration and any off-post monitoring to ensure that contamination has not
migrated off-site. If there is an actual or high potential health threat to personnel
on or off the installation, the IC will begin emergency notification procedures as
follows:
(a) The IC, in consultation with USAEC, will immediately follow the
requirements of the SPCCP (see para 3-3 ). The IC will also notify, through
command channels, the MACOM environmental, legal, and public affairs staffs of
the discovery. (The ARNG should notify the coinciding staffs of the NGB.)
(b) The MACOM will notify USAEC immediately by telephone and,
within 15 days of discovery, provide HQDA(DAIM-ED), Washington, DC 203102600, a written summary of facts. USAEC will provide immediate telephonic or email notification to HQDA (DAIM-ED).
(c) Immediately after notifying the MACOM, the IC will notify and
consult with the appropriate EPA regional office. State and local authorities, in
accordance with CERCLA, section 102, and 10 USC 2705 will also be notified.
(d) The installation will contact the USACE FOA real estate office to
obtain the rights of entry for any off-site response action.
(2) Response plans.
(a) Where imminent or actual endangerment to human health is
suspected, the MACOM telephone report to USAEC and ODEP, required in
paragraph b(1)(b) above, will include an Emergency Response Plan containing a
description of the emergency response action (for example, the provision of a
temporary or alternate drinking water supply, sampling of private wells, or drilling
for monitoring wells). It will also include the name of the commander approving
the response, the estimated cost, and the expected starting date of the action.
USAEC and ODEP are available to review and make recommendations to the
commander concerning a proposed response.
(b) Where no emergency action is required, the MACOM will provide a
response plan to DAIM-ED, through SFIM-AEC-ER, within 45 calendar days of
the discovery. This plan will include the technical response (studies, alternate
water supplies, etc.), regulatory notification, community relations activities, and
an estimate of funding requirements. Projects will be funded from the MACOM
allocation for the appropriate FY and should be included in the work plan.
(c) The IC will look for permanent solutions to minimize the Army's
future commitments and liability. Off-site response actions may involve
construction, which may include an alternate water supply or water treatment
system. In these cases, minor construction and military construction options
should be considered.
(d) The off-site response plan will be drafted and coordinated with EPA,
state, and local authorities.
(e) ODEP and USAEC are available to review the proposed response
and make recommendations.
(f) Once the appropriate commander approves the response, approval
for response plans, DDs, or RODs supporting specific off-post remedies will be
as in paragraphs 11-13a(1) - (3) .
(g) Except at FUDS, the Army may institute condemnation proceedings
to acquire sufficient land for investigations or a RA. These proceedings will be
done if coordination through the local government and other means to gain
access fail.
c. EPA, state, and local authorities' assistance will be required in such matters
as the following:
(1) Planning and conducting investigations, particularly, the sampling of
private water supplies.
(2) Determining when alternate water supplies are needed, identifying the
appropriate water supply option, and providing alternate supplies.
(3) Providing information to the public.
(4) Ensuring that the emergency response plan is consistent with the NCP.
(5) Working with local government authorities to obtain access to off-site
well-drilling sites, as needed.
11-15. Public participation and community relations
a. Environmental restoration and local communities. It is DOD policy in the
DERP to establish full and open communications with local communities. Local
communities will be interested in the results of environmental studies conducted
under the IRP, BRAC environmental restoration, and FUDS programs because of
the potential impact on their health, environment, and economic well being. The
Army fully supports public involvement in the environmental restoration programs
that CERCLA (as modified by SARA) and NEPA establish. Both of these laws
and the NCP ( 40 CFR 300.415 (b)(2)) require the Army to solicit and consider
the comments of interested individuals, groups, and government bodies before
selecting a remedial alternative. Commanders are encouraged to foster open,
two-way communication with the local communities throughout the environmental
restoration process.
(1) In the IRP and BRAC Environmental Restoration Program, the IC (for
the ARNG facilities, the NGB) will keep the public informed about IRP and BRAC
environmental restoration activities. The public includes installation residents and
personnel and local citizens. This communication is particularly important if such
studies show that contamination has migrated off-site or is present on the study
property in any significant quantity as to pose a threat to human health or the
environment.
(2) Public participation activities will begin no later than the initiation of the
RI/FS (preliminary assessment/site inspection (PA/SI) for FUDS), unless a
situation develops during the PA/SI that would dictate earlier public involvement.
(3) A Community Relations Plan (CRP) or Public Involvement and
Response Plan (PIRP) is required for all Army properties proposed or on the
NPL. Installations that are not on or proposed for the NPL are strongly
encouraged to establish a CRP including installations with off-post contamination
and installations with interest in establishing a RAB. Such plans will be
developed per EPA guidelines, the NCP, and guidance from the Chief of Public
Affairs (CPA). The installation will complete the CRP before fieldwork begins on
the RI and will be implemented through the ROD/DD stage. After the ROD/DD is
approved, the plan must be revised to provide for public involvement throughout
the remedial design and RA.
(4) Installation PAOs are encouraged to keep the public informed and
involved throughout the RI/FS process. This communication can be done using
various public affairs methods such as public meetings, availability sessions, site
tours, briefings, and/or workshops. PAOs need to develop and give information to
the general public and media. This information can be in the form of fact sheets,
executive summaries, and/or news releases.
b. RAB. A RAB is a forum for discussion and an exchange of information
between governmental agencies and the affected community concerning an
installation's Environmental Restoration Program. Guidelines for establishing
RABs at FUDS are found in the FUDS Program Manual.
(1) Each active Army installation participating in the IRP and each BRAC
installation must determine community interest in establishing a RAB. A RAB
should focus on environmental restoration only and not be a forum for other
community concerns. While related issues of land reuse may appropriately arise
at BRAC sites, noncleanup issues should be referred to the appropriate
installation officials for processing.
(2) The IC is responsible for identifying sufficient and sustained community
interest. Community involvement techniques such as surveys, advertisements,
interviews, and public information meetings should be used to educate the
community and solicit feedback.
(3) If an installation solicits for interest and finds that there is not enough
support to establish a RAB, the installation must document what efforts were
taken to determine interest and develop ongoing follow-up procedures to monitor
community interest. This documentation should be placed in the installation's
administrative record and attached to the IAP or spring submission of the BCP
Abstract. If an installation determines that there is sufficient interest in
establishing a RAB, the installation should proceed to establish a RAB.
(4) BRAC sites that involve transfer of property to the community will
establish a RAB. For other BRAC sites and active sites, the Army encourages
RABs only where community interest is sufficient and sustained.
(5) Criteria for determining sufficient interests are-(a) Request from a local government to form a RAB.
(b) Fifty or more local residents sign a petition requesting that a RAB be
formed.
(c) The IC determines the need for a RAB.
(6) If an installation needing a RAB already has a TRC, the TRC will be
expanded or modified to become a RAB if interest in a RAB is expressed. These
modifications shall include additional community representatives and a
community co-chairperson and ensure meetings are open to the public. A RAB
complies with 10 USC 2705 (c).
(7) RAB membership will include representatives from the Army, the EPA,
state environmental regulatory agencies, local governments, Native American
tribes, and members of the local community.
(8) The RAB should be no larger than 20 individuals but no smaller than is
necessary to adequately reflect the diverse community interests regarding
installation cleanup.
(9) The RAB will be chaired jointly by an Army representative and a
member of the local community. The Army and community co-chairperson will
share leadership responsibilities. The RAB's charter and operating procedures
shall define the responsibilities of each co-chairperson.
(10) The intent of the RAB is to serve as a forum for the early and
continued exchange of cleanup information among the community, installation,
and regulatory agencies. RAB member responsibilities include the following:
(a) Providing advice on environmental restoration issues to Army
installations and regulatory agencies.
(b) Holding regular meetings, publicly announced and open to the
public, at convenient times and locations.
(c) Reviewing, evaluating, and commenting on documents.
(d) Identifying project requirements.
(e) Recommending priorities among sites or projects.
(f) Identifying applicable standards and (consistent with section 121 of
the CERCLA) proposing cleanup levels consistent with planned land use.
(11) Installations with RABs will-(a) Inform RAB members on the relative risk process, the Army
budgeting process, and how these affect the sequencing of restoration actions.
(b) Encourage RABs to participate in the initial development and/or
reassessment of relative risk evaluations of sites.
(c) Develop budget requests within Army guidelines while considering
RAB advice on sequencing projects.
(d) Advise the RAB of what funds were received, what restoration
projects were funded, and what work is remaining.
(e) Provide the RAB with all relevant information on cleanup
alternatives, including implications of land use choices and corresponding
cleanup levels and remedies.
(f) Ensure that RAB members understand the installation's chain-ofcommand and appropriate avenues for obtaining assistance within the chain-ofcommand.
c. Technical assistance for public participation (TAPP). There may be times
when community members of RABs/TRCs require a level of independent
technical support. Community members of RABs/TRCs may seek independent
technical assistance to contribute to the public's ability to participate in the IRP,
BRAC Environmental Restoration Program, and FUDS Program.
(1) To obtain funding, community members must apply for TAPP.
(2) The installation reviews the TAPP application for eligibility and approval
before developing appropriate TAPP funding requirements.
(3) Detailed guidance and procedures for TAPP are contained in the
guidance entitled, "U.S. Army Guidance for Restoration Advisory Boards and
Technical Assistance for Public Participation."
d. Environmental justice. Installations will address and consider
environmental justice concerns and issues in its restoration programs. In 1994,
the President issued EO 12898 . The EO measure requires Federal agencies to
identify and address disproportionately high and adverse human health and
environmental effects of Federal programs, policies, and activities on minority
and low-income populations.
(1) Environmental justice issues within a community are identified as part
of the process of developing the CRP.
(2) A primary mechanism for input from the environmental justice
community on restoration issues will be from RABs.
11-16. Congressional relations
a. To carry out its Environmental Restoration Programs, the Army will
cooperate with members of Congress and state and local elected officials.
b. Congressional relations' procedures for IRP and the BRAC Environmental
Restoration Program are as follows:
(1) Notify the appropriate members of Congress and state and local
elected officials of significant environmental restoration activities and study
findings. Notification may be appropriate when study findings indicate that
contamination presents a threat to public health or the environment. It may also
be appropriate to notify when off-site migration of contaminants is detected or
when major response actions are initiated or completed. Public officials will be
notified if they show interest in a specific source of contamination.
(a) The IC (or NGB and CEMP, as applicable), in consultation with
USAEC and MACOM staff, will identify and recommend subject matter for
notification through the chain-of-command.
(b) Without exception, the Office of Congressional Legislation and
Liaison (OCLL) (or designee) will notify members of Congress.
(c) Notification of state and local officials will be made by the MACOM
or the installation after coordination with HQDA CPA.
(2) Prompt response will be made to congressional inquiries and requests
for information on IRP and BRAC Environmental Restoration Program activities.
(a) Responses will be made in draft by the installation unless otherwise
requested by the DEP. Responses will be provided, respectively, through the
chain-of-command to the DEP and HQDA OCLL (or designee) who will prepare
and deliver the final response. Copies of the final response will be furnished to
the IC (or USACE FOA) and the DEP.
(b) If the congressional inquiry concerns a matter that is under litigation,
the inquiry should be sent immediately to HQDA, DAJA-EL, Washington, DC
20310-2210 for IRP and BRAC Environmental Restoration Program matters, or
to the HQ, USACE Office of Chief Counsel (ATTN: CECC-K) and Office of Public
Affairs (ATTN: CEPA-I) for FUDS program matters. The public affairs staff of the
respective program will prepare and deliver the response in coordination with the
Office of the Secretary of the Army, Public Affairs (SAPA).
Chapter 12
Environmental Quality Technology
Program
12-1. Scope
This chapter outlines the procedures to meet the requirements of AR 200-1 ,
chapter 12.
12-2. Program mission
a. The mission of the Army Environmental Quality Technology (EQT)
Program is to develop solutions that satisfy the Army's environmental quality
technology requirements. These solutions, in the form of technologies, are
specifically targeted to reduce total ownership costs related to sustaining the
environment and the Army mission. The EQT Program supports RDT&E for the
four environmental pillars: restoration, compliance, conservation, and P2. To
accomplish this, the program-(1) Identifies, defines, and prioritizes requirements and their potential
solutions.
(2) Submits and defends these requirements and potential solutions for
funding.
(3) Provides DOD environmental quality technology developers with an
insight into Army prioritized requirements, thereby encouraging non-Army
investment for Army requirements.
b. The U.S. Army's EQT Program is designed to support the Army's role as a
steward of soldiers and natural resources. As part of this stewardship, Army
research, development, and acquisition of technology through the EQT Program
improves the Army's ability to conserve natural resources; reduce operating,
maintenance, and restoration costs; and protect the health of its soldiers,
employees, families, and the environment. The program is developed and funded
to address user requirements on a priority basis within each pillar, as well as
across the pillars, on an Army-wide basis.
12-3. Funding
a. EQT Program technologies may either be developed within specially
designated environmental quality RDT&E program elements, or they may be
integrated within the Army's acquisition process, as an integral part of the
science and technology (S&T) or weapon system programs.
b. The EQT Program considers-(1) Army RDT&E budget activities (BA):
(a) Basic research (BA 1).
(b) Applied research (BA 2).
(c) Advanced technology development (BA 3).
(d) Demonstration and validation (BA 4).
(e) Engineering and manufacturing development (BA 5).
(f) RDT&E management support (BA 6).
(g) Operational systems development (BA 7).
(2) Operations and Maintenance, Army (OMA).
(3) Real Property Maintenance, Army (RPMA).
(4) DOD-level programs such as-(a) Defense Environmental Restoration Account (DERA).
(b) Strategic Environmental Research and Development Program
(SERDP).
(c) Environmental Security Technology Certification Program (ESTCP).
c. The Army and DOD utilize and benefit from technology development that
occurs outside the Government through partnering via cooperative research and
development agreements (CRADAs) and other private sector developments.
Accountability of the environmental benefits and impacts developed through
these relationships should be managed and reported at HQDA.
12-4. Environmental quality technology requirements
a. EQT user requirements are identified, analyzed, and validated on a
continuing basis to provide a prioritized list of requirements. These requirements
describe the environmental problem areas and relevant potential solutions
including required S&T and/or existing technology. The requirements and
supporting information are maintained in the Army Environmental Requirements
and Technology Assessments (AERTA) system.
b. Through a three-tier process, including environmental quality pillar
technology teams and the Army Staff, the requirements are reviewed and scored
for allocation of funding and other resources. The priority scoring for each
statement takes into account the severity and scope of the problem, level of
health and safety risks, costs and mission impacts to the Army, regulatory
compliance, threat to the environment, and other applicable constraints. The
scoring process incorporates a quantified analysis of the following:
(1) Current costs and impacts of the problem within the Army.
(2) Investment costs of associated S&T, demonstration/validation, and
technology transfer.
(3) Benefits to be derived from implementation of the technology including
cost savings, increased readiness, as well as other associated benefits.
12-5. Program management
a. The Environmental Technology Technical Council (ETTC).
(1) The ETTC was jointly established by the Assistant Secretary of the
Army for Acquisition, Logistics, and Technology-ASA(ALT) [formerly Research,
Development, and Acquisition-ASA(RDA)] and the Assistant Secretary of the
Army for Installation and Environment-ASA(I&E) [formerly Installation, Logistics,
and Environment-ASA(ILE)] as the general officer/senior executive (GO/SE)
council representing the Army.
(2) The ETTC guides funding and program resource allocations within the
Army and is supported by an Environmental Technology Integrated Process
Team (ETIPT) and four pillar technology teams. Special efforts are made to
include all stakeholders in the program management formulation and
management process. The EQT Program management approach is consistent
with life-cycle management that starts with the requirement to transition or field
the technology to the Army.
b. Program management steps.
(1) Program management steps include Technology Requirements
Identification/Update, RDT&E planning and programming, and budgeting
considerations S&T (BA 1-3) and Technology Transitioning (BA 4-7).
(2) These management activities are scheduled to coincide with the
Planning, Programming, Budgeting, and Execution System (PPBES), nominally a
2-year cycle that may include mini-POM adjustments (The Vice Chief of Staff of
the Army (VSCA)/Army Acquisition Executive memorandum, subject: Policy for
Funding Environmental Program Requirements, 6 May 1999).
c. Program development.
(1) EQT requirements are identified, analyzed, and prioritized throughout
the levels of the Army, starting with the installations, MSCs, and MACOMs to
ODEP. As the requirement progresses through those levels, it is reviewed to
ensure that it is unique and complete.
(2) An installation, MSC, or MACOM POC representing the user
community is established for each requirement to ensure that all future
documentation accurately reflects the need. This POC may remain an active
participant in the RDT&E process or may pass this responsibility onto a member
of a technology team.
(3) The responsible technology team develops a requirement by
documenting and prioritizing the user's need as discussed in paragraph 12-4 .
Once the requirement is approved by the ACSIM, it is added to the AERTA
database according to its pillar priority. The AERTA process is used by the Army
to identify, track, and update environmental quality technology requirements.
d. Program planning.
(1) The ETIPT develops an EQT Program Plan based on the requirements
maintained in the AERTA database. The EQT Program Plan is approved by the
ETTC and is the basis of the EQT's Program's defense. The EQT Program Plan
identifies the high-priority Army investments.
(2) The technology teams develop management plans (MPs) for all fully
funded requirements. The MPs contain detailed information including milestones
and funding for technology development, validation, and transfer to field.
Planning and programming, as depicted in the MPs for each high-priority Army
environmental quality technology requirement, should show-(a) Need, significance, and opportunities.
(b) Life-cycle plans, starting at basic research and concluding in
technology transfer of products.
(c) Execution plan for satisfying exit criteria/metrics.
(d) Funding.
(e) Endorsing organizations.
(3) The technology teams developing the MPs include members of the user
community and the RDT&E community.
(4) MPs should be updated and reported at installation, MSC, MACOM,
and HQ Army level, showing all planned funding sources, Army RDT&E, OMA,
and other programs such as OSD programs (SERDP, ESTCP, and others). MPs
should also identify technology areas where the non-Army resource contributions
in S&T have occurred.
Chapter 13
Automated Environmental
Management Systems
13-1. Scope
a. This chapter outlines the procedures to meet the requirements of AR 200-1
, chapter 13. CW policies, systems, and reporting requirements are promulgated
separately by the USACE.
b. MACOMs must perform a QA/QC check on all report and data submissions
prior to forwarding them to USAEC. USAEC will QA/QC all submissions received
from the MACOMs. MACOMs must take immediate action to correct all QA/QC
issues identified by USAEC.
13-2. Environmental Program Requirements Report
a. Purpose.
(1) The EPR Report is used at all command levels to--
(a) Plan, program, budget, and record requirements and resource
needs to manage the environmental program.
(b) Ensure environmental stewardship.
(c) Attain and maintain compliance with existing and proposed Federal,
state, and local laws and regulations; presidential executive orders; and
international agreements.
(d) Develop and justify program and budget submissions.
(e) Fulfill the Army's budgetary reporting requirements identified in EO
12088 .
(2) All project requirements to execute environmental programs must be
identified in the EPR Report. The EPR Report must adequately identify and
describe each project, the project's compliance status/priority, the amount of
funding required, and the years for which funding is required.
(3) The EPR Report supports the Army's Installation Status Report (ISR
Environment process by providing the basis for funding requirements included in
the ISR Environment.
(4) The generation, maintenance, and standard queries of the EPR Report
are automated in the Defense Environmental Security Corporate Information
Management (DESCIM) EPR Module software application. Data is exported into
Microsoft's Access or Excel for user-specific queries.
b. Assistance. Policy and technical questions related to the EPR Report
should be addressed to the functional POCs in HQDA (DAIM-ED) or the Special
Programs Branch (SPB) of USAEC (SFIM-AEC-EQS), as appropriate. USAEC
also provides both technical and functional assistance to users of the EPR
Module software. The Environmental Data Management Support Center
(EDMSC) supports users with software questions, requests for customized
reports, manual and software updates, and assistance using the Defense
Environmental Network Information Exchange for data submissions.
c. Training. EPR Module software training is conducted by the Army Logistics
Management College (ALMC) at Fort Lee, VA. (On-site training at installations
may be available upon request.) The EPR Module software course gives
students complete software operation training and can also be used as refresher
training. Class attendance must be requested through installation training
coordinators via the training request form, DD Form 1556 (Request,
Authorization, Agreement, Certification of Training and Reimbursement).
d. Submissions. Installation EPR data will be submitted in accordance with
HQDA and MACOM data call memorandum. MACOMs will consolidate, approve,
and electronically forward installation EPRs to USAEC.
e. Submission dates. MACOMs are required to submit annual EPR data to
USAEC in early December as specified in the HQDA data call memorandum.
MACOMs may elect to update their EPR data submissions in mid-May each
year.
13-3. Environmental Quality Report and other reporting
requirements
a. Purpose. The Environmental Quality Report (EQR), formerly the Army
Compliance Tracking System (ACTS), is an automated system used to collect a
wide variety of installation environmental information, including compliance,
conservation, program management, and P2 Programs. The primary goal of
EQR is to provide DOD with the information it requires as well as providing
HQDA, MACOM, MSCs, and installations with critical management information
while minimizing short suspense tasking to installation personnel. The EQR
program is a result of the 1996 Defense Environmental Quality Program Annual
Report to Congress, RCS DD-A&T (A) 1997. All data elements in the EQR are
based on the DOD RCS-A&T (A) 1997 reporting protocol, and other law and
regulation reporting requirements, and provide users, policy makers, and
leadership with periodic updates on critical data within the Army's environmental
program.
b. Assistance. USAEC provides both technical and functional assistance to
EQR users. Technical assistance is provided by EDMSC to users on how to
create customized reports, obtain users manuals and software requests, and
how to submit data. PMs at the USAEC will provide users with functional
guidance, such as data definitions and clarification, data interpretation, and MSC
and MACOM support requests, as well as overall program oversight. EDMSC
may be contacted through SPB at USAEC. Functional questions related to the
EQR policy should be addressed to the EQR POC within the SPB (SFIM-AECEQS) who will direct you to the correct functional POC.
c. Training. Training is available, upon request, through USAEC. Contact the
EQR PM for scheduling.
d. Submissions. EQR submissions will be forwarded by the installations to
their respective MSCs and MACOMs who will forward them to USAEC.
Installations are required to make submissions every quarter, regardless of their
regulatory activity. These submissions will ensure an accurate accounting and
the ability to readily identify installations that are experiencing technical or other
problems. (See AR 200-1 , chapter 13, para 13-5(c) for policy guidance on
installations required to submit.)
(1) Submission dates MACOMs and MSCs will set supplemental
submission dates to ensure that all of the installation data are reviewed,
validated, and submitted to USAEC for each quarter by the following dates:
(a) 1st Quarter-30 January.
(b) 2nd Quarter-30 April.
(c) 3rd Quarter-30 July.
(d) 4th Quarter-30 October.
(2) Submission content. Quarterly submissions will include, at a minimum,
the EQR functional areas listed below. Updates and corrections to previous
submissions should be included with each submission as needed. The EQR
functional areas include:
(a) 1st Quarter:
(1) Inspection tracking.
(2) Enforcement action tracking.
(b) 2nd Quarter:
(1) Inspection tracking.
(2) Enforcement action tracking.
(3) Permit tracking.
(4) Waste generation and disposal tracking (formal hazardous
waste generation and disposal data reported to regulator agency for the previous
completed CY).
(5) Wastewater treatment systems.
(c) 3rd Quarter:
(1) Inspection tracking.
(2) Enforcement action tracking.
(d) 4th Quarter:
(1) Inspection tracking.
(2) Enforcement action tracking.
(3) Permit tracking.
(4) Waste generation and disposal tracking (formal hazardous
waste generation and disposal data reported to regulator agency for the previous
completed CY).
(5) Wastewater treatment systems.
(6) Cultural resources program.
(7) Natural resources program.
(8) Pest management program.
(9) Environmental staff tracking.
(10) USTs tracking.
e. Additional reporting requirements. In addition to quarterly EQR
submissions, new ENFs must be entered into the EQR and hard copies of the
notification must be sent to the MACOMs within 48 hours. Spills of a reportable
quantity must be reported to the MACOM within 48 hours (see para 3-2 ). ENFs
in which a fine or penalty has been assessed must be reported within 24 hours to
the OTJAG and the MACOM. MACOMs must then immediately report receipt of
the fine to HQDA ODEP, Compliance Team. Any action reported in the EQR that
requires funding to correct--such as projects, fines, etc.--must also be identified
in the EPR Report.
f. Other requirements. (See para 15-16 for additional legal and administrative
requirements related to an ENF.)
13-4. Defense Environmental Network and Information Exchange
a. Defense Environmental Network and Information Exchange (DENIX) is
DOD's environmental electronic bulletin board system (BBS). DOD
environmental personnel should use it to plan, manage, and/or execute DOD's
environmental security mission.
b. DENIX has been available for use since August 1993 and is actively used
by all DOD components. DENIX is on the World Wide Web at
http://www.denix.osd.mil . The World Wide Web is a public domain forum, and
specific DOD access is restricted/protected via a DENIX login.
c. To request a login and password, follow the link on the DENIX homepage.
Although the usage of DENIX is restricted to primarily DOD personnel, personnel
from other organizations (that is, contractor, EPA, and state personnel) may be
granted partial access to DENIX on a case-by-case basis. These individuals
must have a DOD sponsor submit a request for a login and password.
d. Army personnel who wish to propose additions and/or menu structure
changes to DENIX can submit their request through the Army functional
representative. Requests should be submitted in sufficient detail with an
accompanying rationale to allow the proposal to be evaluated on the following:
(1) Applicability of information and/or section to environmental security
arena.
(2) Suggested location for posting information on DENIX (the proposal
should include proposed menu structure changes).
(3) Access restrictions (for example, open to all DENIX users, restricted to
DOD personnel, or restricted to Army personnel, etc.).
(4) Functionality requirements (read only, read and write capability).
(5) Updates and maintenance of information (a POC must be designated to
ensure that the information proposed for posting will be updated periodically).
e. For additional assistance, Army personnel can contact either of the
following POCs:
(1) Army functional representative: Commander, USAEC, ATTN: SFIMAEC-EQS, Aberdeen Proving Ground, MD 21010-5401.
(2) Technical representative: Commander, USAEC, ATTN: SFIM-AECRMI.
13-5. Defense Site Environmental Restoration Tracking System
a. Reporting requirements. DSERTS is a web-based reporting system
submitted by installations, through their MACOMs, to USAEC. It is used to satisfy
the Restoration Management Information System (RMIS) reporting requirement
to DOD as follows:
(1) CERCLA of 1980, as amended by SARA of 1986 ( 42 USC 9620 ; 10
USC 2706 ) and section 211 of SARA as amended on 30 November 1993,
requires a report on the progress made in environmental restoration activities at
military installations. The report, which is submitted annually to Congress, should
include the specific information identified in the legislation.
(2) DOD uses the RMIS to provide much of the information required in the
DERP's annual report to Congress. For the Army, the RMIS report is submitted
via DSERTS.
(3) The Army uses DSERTS to report program status for DOD IPRs and to
prepare the IAP or Base Closure Plan.
b. Army components functions.
(1) The ACSIM, through the DEP and Base Realignment and Closure
Office (BRACO), are the Army's proponent for the DSERTS. The ACSIM's
functions include policy and guidance, Army staff coordination, and approval of
the data submittal.
(2) USAEC supports the DEP and BRACO in the management of the
DSERTS process. USAEC provides guidance to the MACOMs and installations
for the DSERTS data call. USAEC serves as custodian of the DSERTS data and
provides summary reports as required.
(3) The schedule for DSERTS submission will be determined by DOD for
RMIS reporting purposes and/or as may be required by the DEP. At a minimum,
DSERTS reports will be due on 15 April and 15 October of each year. Deadline
information will be forwarded through the MACOMs to the IC.
(4) After reviewing and correcting discrepancies in the submissions of their
installations and subordinate commands, MACOMs will submit the data to
USAEC. The USAEC will review the submissions for accuracy and completeness
and prepare and submit the data to DOD. DSERTS submissions are sent
electronically through the World Wide Web.
c. Reportable items. Program system procedures and functional guidance for
DSERTS are provided through program help screens and the user's manual. The
following items will be reported:
(1) Regulatory agreements. Any signed agreement at NPL installations
between HQDA and regulatory agencies for the remedial process should be
reported. The agreement may contain schedules, dispute resolution procedures,
or outline a course of action. Examples are IAGs and RODs.
(2) Site information. Items identifying the site, including site name and
description, NPL status, program, statute, and site type.
(3) Site status. The phase status of the remedial process at the site.
(4) RAs. Any past, present, future interim, or final cleanups at the site.
(5) Completion status. Identification when no further action is required at
the site.
(6) Programmed funding. Spread requirements based on allocations
provided by HQDA/MACOMs.
(7) Relative risk. Risk category, contaminant hazard factor, receptor factor,
and migration pathway factor.
d. Points of contact. For DSERTS software, a user's manual, policy/guidance,
or other assistance, Army personnel can contact the following POCs:
(1) Functional representative: Commander, USAEC, ATTN: SFIM-AECERP, Aberdeen Proving Ground, MD 21010-5401.
(2) Technical representative: Commander, USAEC, ATTN: SFIM-AECRMI, Aberdeen Proving Ground, MD 21010-5401.
13-6. Environmental Compliance Assessment System
a. General. The Army approved Environmental Compliance Assessment
System (ECAS) software, a windows application, is a data collection, report
generating, and corrective action plan tool for the Army (that is, active Army,
ARNG, USAR) to include the continental United States (CONUS) as well as
OCONUS. The software is a vital part of the ECAS program (see para 15-8 for a
description of the overall ECAS program). The software provides data recording
capability for assessment observations; selection of regulatory criteria, corrective
action alternatives, and P2 alternatives; and miscellaneous information.
(1) Environmental Compliance Assessment Report (ECAR). Reports
generated by the software may constitute the ECAR.
(2) Installation Corrective Action Plan (ICAP). The ICAP is an installation
and MACOM management tool used to outline instances of regulatory
noncompliance and associated corrective actions.
(a) A draft ICAP is produced by the assessment team, provided to the
installation as part of the draft ECAR, and includes suggested corrective actions
and funding requirements necessary to accomplish the suggested corrective
actions.
(b) The installation prepares a final ICAP for implementation and
execution and provides it to the MACOM for review.
(c) The installation can use the ECAS software to periodically update
their ICAP so that they can track the progress of corrective actions.
(d) As findings are corrected they will be recorded in the ICAP as
"closed." The status of "open" findings will be recorded along with a projected
closure/completion date.
(3) Master database. All assessment data sets, including CONUS and
OCONUS active Army MACOMs, as well as the ARNG and the USAR, are
incorporated into a master database at USAEC, which can be used to develop
queries, provide specific information on ECAS findings, or identify trends. A final
data set, and the hard copy ECAR if presented to the installation, will be sent to
USAEC at the completion of the assessment (approximately 11 weeks after the
initial on-site observation).
b. Assistance. USAEC provides both technical and functional assistance to
ECAS software users to include technical inquiries and information on field and
data definitions, as well as copies of software, manuals, and other assessment
tools. This support can be provided by the ECAS Team by calling (800) USAEVHL, or writing: Commander, USAEC, ATTN: SFIM-AEC-EQS, Aberdeen
Proving Ground, MD 21010-5401.
c. Training. ECAS software training is provided by the ALMC. The ECAS
software course is a 3-day class that gives the users hands-on experience with
all aspects of the software program. There is no tuition charge for Army
personnel attending this training class. Transportation and per diem are the
responsibility of the organization that has personnel attending the training.
Further information on ECAS software training classes is available from the
ECAS Team, USAEC.
d. Reporting requirements. All ECAS assessment teams for the active Army
(CONUS and OCONUS), ARNG, and USAR will deliver the draft data set to the
MACOM who will then forward it to USAEC. If necessary, USAEC and the
MACOM will provide comments and recommendations on the data and
alternatives to the assessment team within the review timeframe. The final data
set and hard copy ECAR (if provided to the installation) will be provided to
USAEC for inclusion in the Army ECAS master database. These submissions
should be sent to: Commander, USAEC, ATTN: SFIM-AEC-EQS (ECAS Team),
Aberdeen Proving Ground, MD 21010-5401.
e. Releasability. All generated data files should be marked "For Official Use
Only" and their distribution handled accordingly. The Army has determined that
the premature release of these documents would jeopardize the Army's interest
in preserving the free flow, analysis, and comment on internal information
regarding environmental compliance. However, these documents can be
obtained under Exception Five of the Freedom of Information Act (FOIA) only to
the extent they contain purely factual information and this factual information can
be segregated from opinion or recommendation portions of a document. The final
ECAR, with the draft ICAP, is releasable in its entirety under FOIA. AR 340-17
should be consulted for all FOIA requests. All requests for release of final reports
will be referred to the appropriate IC (military) or Freedom of Information Officer.
f. Retention. Installations should establish a management system to retain the
documents created during the ECAS process to be in compliance with the
Federal Records Act and AR 25-400-2 .
13-7. Installation Status Report Environment
a. Purpose.
(1) The Installation Status Report (ISR) Environment is a management tool
that measures installation readiness as impacted by environmental conditions.
(2) The tool assesses macro-level conditions of the installation
environmental program against Army and DOD standards (policy and guidance)
and other management indicators.
(3) It is used to improve justification and prioritization of limited resources.
(4) The ISR Environment submission fulfills the minimum requirements of
an annual internal assessment for ECAS (see para 15-8 ).
b. ISR regulation. Refer to AR 210-14 as well as the Installation Status Report
Handbook for more detailed information on the overall ISR program.
c. Software. There are two software packages used for ISR Environment
reporting: ISR Environment and HQISR. The ISR Environment software is the
installation-level software. The ISR Environment software is provided to the
installations in January of each year. The MACOMs use the HQISR software
package to consolidate, review, and electronically forward the MACOM ISR
Environment submission to ACSIM. The HQISR software is provided to the
MACOMs in the February/March timeframe each year.
d. Assistance. Policy and technical questions related to the ISR Environment
should be addressed to the functional POCs in HQDA (DAIM-ED) or the SPB of
USAEC (SFIM-AEC-EQS), as appropriate. The ACSIM provides contractor
support for an ISR help desk to support users with technical and functional
questions. The ISR help desk can be contacted at (703) 377-0552 or via e-mail
at helpline_isr@bah.com . ACSIM also maintains an ISR Web site,
http://isr.pentagon.mil . All the software, manuals, and standard documents are
available for download from the site.
e. External data sources. Data from the EQR, EPR Report, and
DSERTS/CTC is electronically imported into the ISR Environment to eliminate
duplicate data entry for the user. The external data is extracted from the Army
environmental database maintained at USAEC, which contains the final locked
submissions for each of the reporting systems. The external data sets are
provided to the installations and the MACOMs by USAEC.
f. Training. An ISR Environment software training course is conducted by the
ALMC at Fort Lee, Virginia, in conjunction with the EPR-M training (on-site
training at installations may be available upon request). The ISR Environment
software course gives students complete software operation training. Class
attendance must be requested through installation training coordinators via the
training request form, DD Form 1556 . In addition, MACOMs may also elect to
fund additional training courses for their personnel through the ACSIM contractor.
g. Annual after action review. ACSIM sponsors an annual after action review
in July to provide a forum for the MACOM ISR POCs to provide feedback on the
program. In addition, separate IPRs are held with the MACOMs on an as-needed
basis.
h. Submissions. Installation ISR Environment data will be submitted in
accordance with MACOM guidance. MACOMs will use the HQISR software
package to consolidate, review, and electronically forward the MACOM ISR
Environment submission to ACSIM.
i. Submission dates. MACOMs are required to forward their ISR Environment
submissions to ACSIM by 15 May each year. The submission consists of the
HQISR electronic file, which contains all the installations and MACOM
submissions as well as the paper copies of the ISR for each of the installations.
The ISR contains the ISR Environment results for the installation and must be
signed by the installation or garrison commander.
13-8. Installation Restoration Data Management Information
System
Presently, the Installation Restoration Data Management Information System
(IRDMIS) is receiving little new data. The data contained in IRDMIS is being
converted to reside in a new web-based system called the Environmental
Restoration Information System (ERIS). ERIS is scheduled to be on-line late
2001.
Chapter 14
Army Environmental Program in
Foreign Countries
14-1. Scope
This chapter outlines procedures to meet the requirements of AR 200-1 , chapter
14. It applies to U.S. Army MACOMs, installations, and operations/facilities
OCONUS, and its territories and possessions (herein after referred to as foreign
areas) where the U.S. Army maintains a permanent base force structure. It does
not apply to contingency operations, peacekeeping missions, or actual or
threatened hostilities in foreign areas where U.S. Army troops are deployed.
14-2. Environmental compliance requirements
Army components in foreign areas are responsible for compliance with the
country-specific FGSs in which they are located. The DOD designated executive
agent for that country, as prescribed by DODI 4715.5 , develops the FGS.
Responsibility for compliance with the FGS refers to ensuring that permanent
base operation facilities meet the environmental standards and criteria
established in the FGS. Copies of applicable FGS shall be maintained within the
environmental management offices of the parent MACOM and its subordinate
installations in foreign areas.
a. As stated in AR 200-1 , environmental standards defined and required by
Status of Forces Agreements (SOFAs), supplementary agreements, executive
orders, international treaties, or other bilateral and multilateral agreements take
precedence over the FGS and will be referred to when determining priority for
establishing compliance.
b. If clarification is required regarding applicability of FGS and/or other
agreements and/or treaties, etc., guidance and assistance from the designated
executive agent will be requested. The MACOM environmental office will provide
assistance and facilitate coordination with the executive agent, especially for
those countries where the Army is not the designated executive agent. Decisions
on the applicability of FGS versus other agreements will be documented and
maintained by the appropriate MACOM and installation environmental offices.
c. In those countries where the Army is the designated executive agent, the
executive agent will provide guidance and assistance to other DOD components
on matters pertaining to FGS interpretation and compliance.
d. Army commands that are either designated as a DOD executive agent or
whose command supports the DOD executive agent, will plan, program, and
budget for the development and maintenance of FGS, review and monitor host
nation (HN) environmental laws and regulations, and revalidate and update the
FGS on a periodic basis.
e. OCONUS Army installations will plan, program, and budget for compliance
with FGS via the EPR reporting process and in accordance with applicable Army
planning and programming guidance documents.
f. Army installations seeking waivers to specific FGS requirements will first
consult with the applicable DOD executive agent, through their chain of
command, to determine appropriate procedures. The MACOM environmental
office will facilitate coordination with the applicable executive agent as needed.
Where the Army is the designated executive agent, the appropriate unified
command will be consulted.
14-3. Environmental remediation requirements
Remediation of environmental contamination on Army facilities or installations in
foreign areas will be implemented in accordance with the provisions of DODI
4715.8 . In determining whether an imminent or substantial endangerment to
human health and safety exists, the Army installation and MACOM will consult
with the designated DOD executive agent for remediation in the country in which
the facility, installation, or site is located. For example, Army facilities in Italy
should coordinate, through their chain of command, with the designated
executive agent for remediation activities in Italy.
a. MACOM environmental offices will establish a remediation policy and
program in consonance with DODI 4715.8, and policies/procedures developed by
the country specific executive agent in consonance with DODI 4715.8.
b. Army MACOMs and installations will consult with the designated countryspecific executive agent for cleanup in the host country in which a contaminated
site is located to determine necessary cleanup and restoration activities.
c. Army installations will conduct necessary remediation efforts as prescribed
by DODI 4715.8, and in close coordination with their MACOM and the Executive
Agent.
d. Funding for cleanup and restoration efforts will be in accordance with Army
and DOD policy. Programming funds for remediation activities in foreign
areas/OCONUS will be in accordance with Army policy and DODI 4715.8 .
14-4. Cooperation with host nation authorities
Army commanders in foreign areas will cooperate with HN authorities regarding
any legitimate requests for information about unclassified activities that affect
environmental quality. For requests from HN authorities on issues that have or
may have significant environmental aspects and/or visibility, the Army MACOM
will be consulted in determining the appropriate replies.
a. Requests from a HN authority to an Army installation for environmental
information on an issue that may have high local or international visibility, or
potential Secretariat, DOD, or congressional interest, will be promptly identified
and reported to HQDA by the MACOM.
b. Where environmental information requests pertain to U.S. Army
installations that effect or may effect another service component, the applicable
Executive Agent will be consulted. Also, the Army MACOM will notify HQDA
ODEP, ATTN: DAIM-ED-C, 600 Army Pentagon, Washington, DC 20310-0600.
14-5. Notices of violation or noncompliance issues
Army OCONUS MACOMs should develop and implement procedures to identify
and elevate issues of noncompliance or issues of highly visible environmental
significance for which they have received a notification from HN authorities.
HQDA recognizes that formal NOVs, ENFs, and/or fines are generally not
generated or applicable to OCONUS; however, there is a need to identify the
"functional equivalent" of NOVs that are received by or occur within Army
OCONUS commands.
a. Army installations will notify their MACOM when they receive a formal
written notification from HN authorities that identifies a significant noncompliance
issue.
b. MACOMs will notify HQDA of such notifications, to include a brief summary
of the nature and extent of the issue and the proposed resolution.
c. Environmental issues identified by the HN that have generated local,
international, or Congressional visibility that may require additional resources for
resolution should be identified to HQDA within 10 days.
Chapter 15
Other Environmental Programs and
Requirements
15-1. Scope
This chapter outlines the procedures to meet the requirements of AR 200-1 ,
chapter 15.
15-2. National Environmental Policy Act requirements
NEPA requirements addressing military activities are described in AR 200-2 CW
requirements are addressed in ER 200-2-2.
15-3. Natural resources management
Military activities are described in AR 200-3 CW requirements are contained in
ER 1130-2-540.
15-4. Natural Resource Damage Assessment
The Army serves as the lead response agent responsible for cleanups of
releases of CERCLA hazardous substances, pollutants, or contaminants where
either the release is on, or the sole source of release is from, any facility or
vessel under the jurisdiction, custody, or control of the Army ( 40 CFR 300.175
(a)(4)). Also, under the NCP, the Army is designated a Natural Resource Trustee
for resources, on, over, or under land for which it is the land managing agency
(40 CFR 300.600(b)(3)). These two roles involve specific functions as follows:
a. The Army's lead agent responsibilities include, as appropriate-(1) Identifying existing or potential injuries to natural resources in cleanup
documents, such as the ecological risk assessment.
(2) Notifying other trustees of applicable releases.
(3) Coordinating cleanup documentation (studies, investigations, and
analyses) with trustees to seek their input and assistance during the remediation
process.
b. As a Natural Resource Trustee, the Army may be called upon, on its own
or in conjunction with other co-trustees, to identify injuries to natural resources,
quantify injury not addressed by remediation, assess compensable damages,
and restore the injured resources on lands that it manages. Installations should
not engage in Natural Resource Damage Assessments (NRDAs) (that is,
quantification of residual natural resource injury, calculation of compensable
damages, and planning for natural resource restoration) until cleanup remedies
have been chosen and the effects of their implementation can be reasonably
anticipated. All requests to initiate or engage in an NRDA shall be staffed through
the MACOM to HQDA, while discussions regarding settlement of compensable
damages will involve the Department of Justice.
15-5. Cultural resources management
a. Cultural resources are comprised of-(1) Historic properties as defined in the National Historic Preservation Act
(NHPA).
(2) Cultural items as defined in the Native American Graves Protection and
Repatriation Act.
(3) Archeological resources as defined in the Archeological Resources
Protection Act.
(4) Sacred sites as defined in EO 13007 to which access is provided under
the American Indian Religious Freedom Act.
(5) Collections as defined in 36 CFR 79 .
b. As a general rule, these laws have procedural requirements to assess
impacts to the defined resources and to consider, through consultation, the
recommendations of-(1) Federal and state agencies.
(2) Federally recognized Native American tribes and Native Hawaiian
organizations (when applicable).
(3) Other interested persons to avoid, minimize, or mitigate adverse
impacts.
c. Common compliance problems result from incomplete identification of
cultural resources, failure to involve the public, and failure to complete all steps in
regulatory processes. Such lapses may result in a loss of credibility, injunctive
relief resulting from litigation, and project delays for Army installations. Army
policy emphasis is on compliance with cultural resources laws and deliberate
management by ICs through informed decisionmaking.
d. Cultural resources management policy is contained in AR 200-4 ,
implementing guidance is contained in DA PAM 200-4 , and CW requirements
are contained in ER 1130-2-540.
15-6. Real property acquisition, outgrant, and disposal
transactions
a. Applicability. The IC/Army proponent for a prospective real property
transaction within the U.S., its territories, and possessions will comply with the
requirements of this paragraph. Real property transactions covered by this
paragraph are acquisitions, disposals divesting title, transfers of jurisdiction
between agencies, and leases. This paragraph is not applicable to
reassignments within the DA, real property transactions of the CW activities of
the USACE (see appropriate Engineer Regulation), or to permits, licenses, and
easements, except where extraordinary circumstances exist. In the case of real
estate transactions at installations, the IC is the proponent. At facilities where
there is no IC, the proponent is the senior commander or other appropriate
person responsible for the real estate.
b. Requirements. The IC/Army proponent must comply with the final decisions
regarding CERCLA and NEPA. The action proponent prepares appropriate
CERCLA and NEPA reports that relate to real property transactions. The action
proponent is the entity that requests the real estate transaction. For example, if
the local government wants to lease a facility (school, joint-use airport
commercial expansion, etc.) then the local government, as the action proponent,
conducts the environmental analysis to meet Army's CERCLA and NEPA
standards. The IC may decide to conduct the EBS or NEPA analyses for the
proponent where it is advantageous to the Army. Guidance for NEPA compliance
is described in AR 200-2 CERCLA requirements include satisfying 42 USC 9620
(h) and determining the environmental suitability for the proposed transaction
based on an evaluation of an EBS. The presence or absence of threats to human
health and the environment determines suitability. 42 USC 9620(h)(4) requires
the Army to identify real property that it plans to dispose of with no known
releases or disposals of hazardous substances or petroleum products or their
derivatives. This property may be transferred in accordance with the
requirements of 42 USC 9620(h)(4). Additionally, property that does not meet the
requirements of 42 USC 9620(h)(4) (for example, property where hazardous
substances or petroleum products or their derivatives were known to have been
released or disposed of) can be transferred in accordance with the requirements
of 42 USC 9620(h)(3). If all RA has been taken to protect human health and the
environment, USC 9620(h)(3)(A) and (B) apply. If all RA necessary to protect
human health and the environment has not yet been taken, USC 9620(h)(3)(B)
applies. This is commonly known as "early transfer authority" (ETA) and
authorizes the deferral of the covenant that requires all necessary RA to be
completed before Federal property is transferred.
(1) The IC/Army proponent documents the results of the EBS evaluation in
a FOST or FOSET (early transfer) for disposals when the Army is divesting title,
or a FOSL for leases. FOSTs, FOSETs, and FOSLs are not required for real
property acquisitions.
(2) The IC/Army proponent completes the EBS for Army-initiated property
transactions. When non-Army parties initiate real property transactions, the
initiating party completes the EBS.
(3) The IC/Army proponent prepares an environmental condition of
property (ECOP) instead of a FOST or FOSET when property is being
transferred to another Federal agency. Reporting property to GSA for disposal is
not a transfer of jurisdiction to another Federal agency and, therefore, does not
require an ECOP. In addition, the final screening results and disposal method are
not completed, so a FOST or FOSET is not required. However, an EBS is
required for property going to GSA for disposal and the EBS will become part of
the Report of Excess (ROE) (see AR 405-90 ).
(4) MACOMs may request exceptions to the EBS, FOST, FOSET, FOSL,
and ECOP requirements. Exception requests will be routed through the DEP to
the DASA(ESOH).
(5) The IC/Army proponent will also follow the procedures found in AR 40510 , AR 405-80 , AR 405-90, and implementing TMs for other aspects of the real
property transactions. For BRAC properties, the EBS will also be used to meet
the requirements of PL 102-426 for clean parcel identification.
c. EBS. In general, an EBS is a study of the environmental conditions of Army
controlled properties and proposed acquisitions, focusing on hazardous
substances or other regulated hazards. For the purposes of this paragraph, the
definition of a hazardous substance follows the one found in 42 USC 9601 (14).
The pertinent EBS information will be inserted into the affected environment
section of any environmental assessments (EAs) or EISs.
(1) The initiating party prepares an EBS when outgranting, transferring, or
acquiring real property. An EBS is also performed to satisfy the requirements of
PL 102-426 associated with a BRAC action.
(2) The EBS determines if hazardous substances were stored for 1 year or
more, released into the environment or structures, or disposed of on the property
selected for transfer. The Army uses the EBS to determine whether or not use of
the property poses a hazard to human health or the environment. The EBS will
also include information regarding PCBs, petroleum products and their
derivatives, asbestos, radon, LBP, and UXO. The Army gathers information
through technical analysis, including inquiry (records search, interviews,
inspections, etc.) of current as well as former owners and users of the property.
(3) The EBS determines the proper notification and remediation, if
required, to effect the property transfer. It also establishes an environmental
baseline on which to base third party liability, fines, penalties, and cleanup costs.
In addition to the existing DOD guidance on preparing an EBS, installations
should contact their servicing USACE district for a review or copies of existing
title assemblies.
(4) In general, an EBS is required for leases but not required for
reassignments within DA, permits, licenses, and easements except where
extraordinary circumstances exist ( AR 200-1 , paragraph 15-6(a)) or when
otherwise desired by the Army (AR 200-1, paragraph 15-6(b)). The IC/action
proponent may use section C of the Report of Availability (ROA) ( AR 405-80 ) to
document environmental requirements for permits, licenses, easements, and
similar real estate actions where environmental concerns are very minor. A
Record of Environmental Consideration may be used where no section C is
required for very minor actions with little or no environmental concerns.
Exceptions to this policy include when licenses are issued to state National
Guard components; when hazardous materials are stored for 1 year or more or
disposed on Army property except when authorized by 10 USC 2692 (as
amended); and where the authorized use of Army lands and facilities poses a
hazard to human health or the environment. Leasing space for trailer sites or
automatic teller machines (ATMs) does not require an EBS except where
extraordinary circumstances exist. The IC may sign the trailer site or ATM FOSL
citing the ECP category.
d. Actions following EBS evaluation. When the results of the EBS evaluation
warrant, technical feasibility, economic acceptability, and environmental effect
will be considered in selecting one of the following courses of action. Economic
acceptability will be determined in accordance with the appropriate AR 405 series
regulation and supporting TMs. The Army proponent may-(1) Conduct no further action;
(2) Conduct actions resulting in restrictions of use; or
(3) Conduct actions resulting in no restrictions on use when economically
and technically feasible and when the recipient will accept the property only in an
unrestricted use condition.
(4) In all cases, at a minimum, DA will conduct actions at a level necessary
to protect human health and the environment.
e. Analysis of intended use. Before the signing of a FOST, FOSET, or FOSL,
an analysis of the intended use of the property, if known, will be conducted and
will include the following:
(1) An evaluation of the environmental suitability of the property for the
lease purpose or for transfer by deed for the intended purpose, if known,
including the rationale for the determination of such suitability.
(2) A listing of specific recommended restrictions on use of the property, if
any, to protect human health and the environment or the environmental
restoration process. For remediated parcels, such restrictions would include
those documented in the ROD under NCP or equivalent DDs. When the Army
intends to use Land Use Controls (LUCs), it will provide a notice of intent to use
LUCs as well as workable draft documents as they become available to the
appropriate regulatory agencies. Regulatory comments received during the
development of these documents will be incorporated into the final land use
controls as appropriate. Any unresolved regulatory comments would be included
as attachments to the FOST.
f. FOST (disposals when the Army is divesting title). The Army prepares a
FOST after completion and review of the EBS; an analysis of intended use, if
known; and an evaluation of the local community reuse plan (if available). The IC
develops a FOST. Detailed guidance and procedures for conducting the EBS
and FOST at BRAC installations are contained in current DUSD-ES FOST
guidance entitled "Finding of Suitability to Transfer for BRAC Property" and the
ODUSD(ES) pamphlet entitled "Fast Track to FOST." Both can be found at the
ODUSD(ES) Web site: www.dtic.mil/envirodod/brac/publish.html . The following
summarizes the BRAC process to develop and obtain a signed FOST:
(1) Notify the regulatory agencies of the initiation of the FOST process and
begin to coordinate the full participation of the regulatory agencies in the
environmental review process.
(2) Review and evaluate the information contained in the EBS and
determine the ECP category. Compile the relevant information and complete any
data gaps. When appropriate, analyze the intended use (if known) of the property
and-(a) Determine the basis for the covenant required.
(b) Identify restrictions on future use.
(3) Coordinate the determination of the property's suitability for transfer
with the BCT, RAB, or TRC, as appropriate. Prepare a draft FOST that includes-(a) A statement that declares the property is suitable for transfer.
(b) Any applicable restrictions on future use.
(c) The results of the analysis of intended use, when appropriate.
(d) A statement of the notice, covenant, and access clause, where
appropriate.
(4) Notify regulatory agencies and the public of the intent to sign a FOST
and make the draft FOST available to the public.
(5) Address relevant regulatory or public comments and attach a copy of
any unresolved comments when the FOST is forwarded for signature. BRAC
installations must also provide signed copies of the FOST to the regulatory
agencies.
(6) For BRAC installations, must notify the public of the signing of the
FOST and make documents available to the public.
(7) To dispose property at an active (operational) Army installation, follow
the same environmental review process for reaching a FOST as would be used
for BRAC property. The only exception is that regulatory participation and review
is encouraged but not required and the stringent deadlines described in the DOD
guidance are not applicable.
(8) The Army will sign a FOST once it determines that the property is
suitable for transfer by deed for the intended purpose, if known. Signature
authority has been delegated to the MACOMs for property designated as DOD
ECP categories 1, 2, 3, and 4 except property known or suspected to contain
UXO. MACOMs may further delegate FOST signature authority for categories 1
and 2 to installations. The DASA(ESOH) will sign the FOST for property known
or suspected to contain UXO. Properties designated as ECP categories 5 and 6
require early transfer authority (see paras b above and 15-6h). The definitions for
the seven ECP categories established by DOD are found in the most recent
version of the BRAC Cleanup Plan Guidebook, available at the ODUSD(ES) Web
site: www.dtic.mil/envirodod/brac/publish.html ). These ECP categories are
applicable to all installations. (See table 15-1 at the end of this chapter for a
summary of approval authorities.)
(9) Legal and administrative review of FOST. Those real estate
transactions requiring HQDA signature must have the FOST reviewed by SFIMAEC-ER prior to signature. During the staffing of the real estate action, the
MACOM and HQDA environmental staffs, as appropriate, will review the FOST
for concurrence. In all cases prior to staffing for signature, the signature authority
shall have an attorney review the FOST.
g. Signed FOST and EBS. A signed FOST and EBS should be submitted with
a BRAC Disposal Support Package (DSP) or with the ROE, in accordance with
AR 405-90 and implementing TM. BRAC installations should work with DAIM-BO
to ensure they follow the most recent guidance on procedures for processing
DSPs. MACOMs may forward FOSTs signed by DASA(ESOH) to HQDA(DAIM)
in draft final form within the DSP/ROE. HQDA(DAIM) will staff the DSP/ROE and
receive DASA(ESOH) approval.
h. FOSET (disposals only-sales divesting title using "ETA"). The Army
prepares a FOSET after completion and review of the EBS. The Army must
determine that the property is suitable for transfer for the intended reuse, the
reuse is protective of human health and the environment, the deed or other
transfer agreement contains the required assurances, proper notice has been
provided, and the requested CERCLA covenant deferral and transfer of property
will not substantially delay any necessary response actions. The IC develops a
FOSET. More detailed guidance and content of the FOSET may be found in the
24 April 1998 DOD early transfer guidance at:
http://www.dtic.mil/envirodod/brac/publish.html .
(1) CERCLA section 120(h)(3)(C)(ii) response action assurances state that
the deed or other agreement that governs the transfer shall contain assurances
provided that-(a) Restrictions on the use of the property are imposed when necessary
to ensure the protection of human health and the environment.
(b) There will be restrictions on the use necessary to ensure that
required RIs, response action, and oversight activities will not be disrupted.
(c) All necessary response actions will be taken and identifying the
schedules for investigation and completion of all necessary response actions as
approved by the appropriate regulatory agency.
(d) The transferring Federal agency responsible for the property subject
to transfer will submit a budget request to the director of the OMB that
adequately addresses schedules for investigation and completion of all
necessary response actions, subject to congressional authorizations and
appropriations.
(2) The administrative processes for FOSETs are otherwise the same as
those for FOSTs described in paragraph f above.
(3) For early transfers, where GSA is negotiating the transfer, the FOSET
is not prepared as part of the ROE, but rather just prior to the actual transfer by
GSA.
(4) Regarding the FOSET signature authority, prior to staffing the FOSET
for signature, the administrative procedures are the same as for a FOST.
MACOMs forward the FOSET as part of a covenant deferral request (CDR)
package to HQDA(DAIM). The Army will sign a FOSET once it determines that
the property is suitable for transfer by deed with restrictions for the intended
purpose. The DASA(ESOH) will sign all FOSETs. (See table 15-1 at the end of
this section for a summary of approval authorities.)
i. ECOP. The Army does not consider the transfer of property from the Army
to another Federal agency for their end use to be a deed transfer. The Army
must sufficiently document the environmental condition of property being
transferred to another Federal agency; therefore, an EBS is required. Also, the
Army requires a FOST-like document called an ECOP. An ECOP is the same as
a FOST with the following exceptions:
(1) Regulatory participation/review should parallel DOD FOSL Guidance,
which does not require a mandatory 30-day review, but early document sharing
is encouraged.
(2) MACOMs sign ECOP for categories 1, 2, 3, and 4. MACOMs may
further delegate authority for ECP categories 1 and 2 to ICs. Installation garrison
commanders should make decisions on a property's suitability to lease or
transfer at active installations. During the staffing of the real estate action, HQDA
and the MACOMs, as appropriate, will review the ECOP for concurrence.
(3) CERCLA covenant and warranty are not required, since there is no
deed.
(4) Transfer prior to all cleanup being complete is allowed and is
encouraged.
(5) The Army should negotiate responsibility for environmental cleanup and
compliance requirements with the Federal agency acquiring the property.
j. FOSL (outgrants only-leases).
(1) For BRAC, the Army will follow DOD policy on the Environmental
Review Process to Reach a FOSL (also contains EBS guidance), which is an
attachment to the current version of DUSD-ES memorandum, subject: Fast Track
Cleanup at Closing Installations, and Fact Sheet-Field Guide to FOSL, both
available at www.dtic.mil/envirodod/brac/publish.html . The general BRAC
processes for developing and obtaining an approved EBS and FOSL are as
follows:
(a) Notify the regulatory agencies of the initiation of the FOSL process
and begin to coordinate the full participation of the regulatory agencies in the
environmental review process.
(b) Review and evaluate the information contained in the EBS and
determine the ECP category. Compile the relevant information and complete any
data gaps and identify restrictions on use.
(c) Determine whether the property is suitable for lease for the intended
purpose. Draft the FOSL and include the following:
(1) A statement that declares the property is suitable for lease: no
HAZMATs or POL stored for more than 1 year; HAZMAT or POL stored for more
than 1 year, but no contamination; or property contains contamination, but it can
be used for the intended purpose.
(2) Any applicable restrictions on use.
(d) Coordinate the draft FOSL with the RAB, regulatory agencies, and
the public. Address comments and attach unresolved comments to the FOSL
documentation package.
(e) Forward the FOSL to the appropriate Army official for signature and
meet notification, disclosure, and recordkeeping requirements.
(f) As required by CERCLA, section 120(h)(5), for BRAC property, notify
the state prior to entering into any lease that will encumber the property beyond
the date of termination of Army operations. This notification shall include the
length of the lease and the name of the lessee. It should also provide a
description of the uses allowed under the lease of the property. At NPL sites, the
Army will provide this notification to the EPA as well.
(g) For BRAC, notify the public that the FOSL has been signed.
(h) Provide the EBS and FOSL to each lessee.
(2) For property to be leased at an active (operational) Army installation,
the environmental review process for reaching a FOSL is the same as for BRAC
property except regulatory and public participation and review is encouraged, but
not required.
(3) Signature authority for FOSLs has been delegated to the MACOMs.
MACOMs may delegate FOSL signature authority for ECP categories 1 and 2 to
ICs except where the property may contain UXO. (See table 15-1 at the end of
this chapter for a summary of approval authorities.)
(4) The signed FOSL and EBS should be submitted with an ROA for each
outgrant in accordance with AR 405-80 and implementing TM. Procedures for
processing ROA packages for BRAC property can be found on the DAIM-BO
Web site at www.hqda.army.mil/acsimweb/brac/braco.htm and DENIX. MACOMs
have approval authority for all BRAC ROAs and for all non-BRAC ROAs, except
as noted in AR 405-80
(5) Prior to leasing Army real property, the appropriate approving official
will have an attorney review the EBS and draft FOSL for legal sufficiency to
ensure that the requirements of 42 USC 9620(h)(1) have been met. Those real
estate leases requiring HQDA signature must have the FOSL reviewed by the
MACOM and SFIM-AEC-ER prior to signature.
(6) Conditions will be included in a lease to ensure-(a) Notification of the existence of FFA, IAG, or other regulatory
agreements, orders, or decrees for environmental restoration (for example,
RCRA/Hazardous and Solid Waste Amendments (HSWA) permit), if any. Terms
of the lease shall not affect the rights and obligations of parties under the FFA,
IAG, or other regulatory agreements, orders, or decrees.
(b) Environmental investigations and response oversight and activities
will not be disrupted. Such conditions will include, but are not limited to-(1) Providing continued access to the Army and regulatory
agencies so that they can perform investigations as required on, or adjacent to,
the real property; monitor the effectiveness of the cleanup as required; perform 5year reviews as required; and/or take additional remedial or removal actions as
required. At a minimum, such rights shall include all rights existing under the
FFA.
(2) Ensuring that the proposed use will not disrupt remediation
activities.
(c) Human health and the environment are protected by preventing the
inappropriate use of the property.
(d) Compliance with health and safety plans.
(7) Leases will provide that both the EBS and restrictive conditions in the
lease that deal with environmental requirements limiting use will also be included
in subleases as they occur. Lessees must provide copies of all subleases to the
Army organization with jurisdiction over the parcel, which will retain them in the
transaction file and make them available to the public upon request.
k. Lease termination. Upon termination of any lease, or other outgrant if an
EBS was originally done, the Army and the grantee/lessee will jointly conduct a
final EBS. The EBS will ascertain any changes in the environmental condition of
the subject property from that documented in the original EBS. If the
grantee/lessee does not participate for any reason, the Army will still conduct the
EBS or EBS update and provide a copy of the findings to the lessee at the cost of
the lessee. For BRAC leases in furtherance of conveyance, where transfer of
property to the lessee is imminent (within a 2- to 3-year time frame), the lessee
may negotiate with the Army the full responsibility for payment of the EBS. In
these situations the Army should expect that the EBS used to support the original
outgrant will only require updating as opposed to a new EBS. The grantee/lessee
shall be made aware of this procedure in the original outgrant document. The
procedures shall be the same as those for an EBS, with the following additions,
as appropriate:
(1) Review Federal, state, and local regulatory agency environmental
audits or inspection reports prepared during the term of the outgrant/lease.
(2) Review all documentation submitted by the lessee to Federal, state,
and local environmental regulatory agencies.
(3) Review all occupational, health, or safety incident reports involving the
property filed during the term of the outgrant/lease.
(4) Document all hazardous substances used, stored, or released at the
property during the term of the lease.
(5) Document all HWs generated on the property during the term of the
lease/outgrant and its disposition.
l. Lease renewals. For the renewal of existing outgrants/leases that previously
had an EBS completed, the action proponent must determine if any changes
occurred in the use or environmental condition of the subject property from that
documented in the EBS. The EBS must be amended to reflect environmentally
significant changes that occurred or the fact that no changes occurred. An
environmentally significant change involves the storage of a hazardous
substance for a year or more, a known release of such a substance, or its
disposal on the property. The IC/Army proponent or appropriate approving official
will review the amended EBS and provide a new certification. If there is an
existing lease that is up for renewal but has not previously met the requirements
of this paragraph, it must do so prior to lease renewal.
m. Acquisitions. When acquiring real property, the IC/Army proponent will
review the EBS and provide a statement that the EBS has been reviewed and
that the findings were found to be true and accurate based on the investigative
procedures used. The IC/Army proponent will provide the EBS to the USACE
district for use in negotiating and appraising the property being acquired.
n. Retention of documents. The proponent and the real estate office of the
servicing USACE district will retain the EBS and FOST/FOSET/FOSL. The Army
uses the EBS as a benchmark in assessing future contamination at the same
site.
Table 15-1. Signature approved authorities 1
Program
Document
Active 2
BRAC 2
ECP
Garrison Commander
Garrison Commander
ECOP 5
ECP 1-4: MACOM 3
ECP 5-7: Negotiable 4
ECP 1-4: MACOM 3
ECP 5-7: Negotiable 4
FOST 5
ECP 1-4: MACOM 3
ECP 5-7: NA
ECP 1-4: MACOM 3
ECP 5-7: NA
FOSET 5
ECP 5-6: DASA(ESOH)
ECP 7: NA
ECP 5-6: DASA(ESOH)
ECP 7: NA
FOSL
ECP 1-7: MACOM 3
ECP 1-7: MACOM 3
Notes:
1. The Army official exercising approval authority over the ECOP/FOST/FOSET/FOSL is certifying
that the property is compatible with the proposed use and that the use restrictions or remedies in place
(if any) are protective of human health and the environment.
2. ECOP/FOST/FOSL with known or suspected UXO require DASA(ESOH) approval.
3. MACOM may delegate ECP category 1-2 to installations.
4. Army and other Federal agency negotiate transfer condition of property and responsibility for
cleanup.
5. Documents are not required for GSA transfers (see AR 405-90 ).
15-7. Environmental agreements
a. Environmental agreements, for the purposes of this paragraph, include but
are not limited to consent orders, consent agreements, compliance agreements,
cooperative agreements, memorandums of agreement, MOUs, IAGs, FFAs, and
Federal facility compliance agreements.
b. USACE will separately promulgate guidance for the CW Program.
c. If the installation receives an ENF (for example, NOV or proposed consent
or compliance agreement), the installation's environmental law specialist (ELS),
in coordination with the installation's environmental program staff, should take the
following steps in seeking to conclude a settlement agreement:
(1) Carefully review the ENFs to determine the validity of the alleged
violation.
(2) Prepare a response identifying all disputed violations and any legal
defenses (for example, sovereign immunity) and coordinate the response,
including legal review where applicable, with legal offices at higher headquarters.
(3) Take appropriate action to preserve the installation's right to a hearing
(for example, submit a timely answer and request for a hearing). Installation
ELSs are required to seek guidance and legal review on all pleadings and
significant stages of the environmental agreement negotiation process from
higher headquarters and HQDA (DAJA-EL).
(4) Work closely with the installation's environmental program staff to
develop a compliance plan with a realistic compliance schedule to correct
violations in a reasonable and cost-effective manner.
(5) If the ENF involves a proposed fine, the installation's ELS, in
coordination with the installation's environmental staff, should--
(a) Obtain copies of the penalty calculation sheets or other
documentation justifying the amount of the fine.
(b) Ensure that any fine is based on valid violations and is consistent
with the regulator's policy regarding environmental fines based on gravity penalty
assessment criteria. Any penalty that is based on economic benefit of
noncompliance or size-of-the-business penalty criteria must be identified
separately.
(c) Consult with the installation's environmental program staff to identify
possible supplemental environmental projects (SEPs), if appropriate, to further
offset the amount of the fine.
(d) Negotiate the lowest possible fine.
(6) Initiate settlement discussions with regulators to resolve disputed
violations and develop a reasonable settlement agreement. MACOM and HQDA
environmental legal services should be consulted early in all environmental
agreement settlement negotiations with state and/or regional EPA regulators.
Before signature by the IC, draft environmental agreements will be coordinated
with HQDA, DAJA-EL, Army Environmental Law Division, 901 North Stuart
Street, Suite 400, Arlington, VA 22203-1837.
15-8. Environmental compliance assessments
a. External and internal assessments. The Army assesses environmental
compliance at its installations/facilities and CWFs through external and internal
assessments. CWF implementation guidance is published in ER 200-2-3.
(1) External assessments are conducted through the Army's ECAS
Program. The program is intended to provide ICs, environmental management
personnel, and their MACOMs with an independent, objective assessment (for
example, audit as defined by EPA)/evaluation of the installation's environmental
performance and compliance deficiencies.
(2) USAEC is responsible for the Army's external ECAS Program
management, to include-(a) Serving as facilitator/coordinator for the ECAS Advisory Committee
and/or Work Group.
(b) Preparing the ECAS funding work plan, submitting active Army
funding requests to the budget/POM process, and overseeing the distribution of
funds (active Army only).
(c) Overseeing ECAS software development, implementation, and
maintenance.
(d) Providing guidance and support to MACOMs for execution of the
external assessments.
(e) Serving as liaison for the ECAS Program support with other program
elements in the USAEC (for example, environmental reporting such as EPR and
ISR Environment, media managers, Army environmental training, P2, etc.).
(f) Overseeing/performing QA/QC checks of external assessment data
and procedures.
(g) Providing guidance and support to ODEP for policy development
and implementation.
(h) Representing the active Army for the development and updating of
The Environmental Assessment and Management (TEAM) protocol, Army
supplement, state supplement, and user's guide.
(3) MACOMs are responsible for external ECAS assessments under their
command in accordance with DA guidance and funding to include:
(a) Developing an annual and multi-year cycle MACOM funding plan to
include identification of the assessor and the total costs, with justification, to
execute an external assessment.
(b) Monitoring installation environmental compliance trends using ECAS
data.
(c) Coordinating with assessing agencies and installations to ensure
proper conduct of the assessment and adequate support for the assessment
team.
(d) Performing QA/QC of assessment data.
(e) Overseeing team qualifications and preparation for the
assessments.
(f) Participating on the ECAS Advisory Committee by providing MACOM
with requirements and concerns.
(g) Annually developing ECAS guidance to address specific needs and
goals based on trends and analysis of completed ECAS assessments, the overall
MACOM environmental program, and DA ECAS Program objectives.
(h) Ensuring ECAS corrective action requirements are included in the
EPR report.
(i) Augmenting ECAS assessment teams in specific media areas as
required.
(j) Ensuring annual internal assessments are completed or ISR
Environment is completed and submitted.
(k) Ensuring installations prepare and monitor the ICAP.
(4) ICs will-(a) Conduct internal assessments using their own resources. Although
completing and submitting the ISR Environment meets the minimum
requirements for an internal assessment, the ISR Environment provides a
programmatic review and does not emphasize on-site checking. Internal
assessments that include on-site inspections are strongly encouraged to
maximize the effectiveness of internal assessments.
(b) Provide the necessary support to the assessment team to scope the
facility and in-brief, out-brief, and access documents and sites.
(c) Inform appropriate installation personnel of the assessment team's
presence and encourage installation personnel to admit the assessment team to
requested sites.
b. External assessments. Each active Army MACOM (CONUS and
OCONUS), ARNG, and USAR will follow uniform procedures for QA/QC of data
and reporting. Guidance is provided by USAEC with input and consensus from all
participants of the program.
(1) All assessment teams must provide clearly written and detailed findings
that include suggested corrective action alternatives, estimated cost
requirements, and, where applicable, P2 alternatives. The Army's goal is to
deliver the draft findings while the team is on site and complete the final ECAS
data set or report, the ECAR, no more than 11 weeks after the start of the
assessment.
(2) The draft ECAR will specify the assessment team's findings and
recommended corrective action alternatives and/or P2 alternatives. The MACOM
and USAEC media specialists will provide reviews and recommendations. The
assessment team will review all recommendations before providing the final data
set and/or report. The assessment team must ensure technical accuracy; the
installation must validate the findings and designate appropriate corrective
actions.
(3) Executive summaries for each ECAS external review must be prepared.
(a) Executive summaries will be provided to ODEP through respective
MACOM headquarters along with a copy of the exit briefing.
(b) Executive summaries will be prepared by the assessing team leader
and be in line with the exit briefing. They will address areas of major concern,
including deficiencies with the highest potential for ENFs and fines, program
management weaknesses, and systemic problems and root causes.
(c) A list of deficiencies requiring corrective action projects with
estimated costs greater than $100,000 will be included.
(d) The above information will be provided within 30 days of completion
of the ECAS review and be staffed through the IC or garrison commander and
MACOM chief of staff or equivalent.
(4) MACOMs will schedule external ECAS assessments at their
installations no less than once every 3 or 4 years. Deviation must be approved in
writing by HQDA and must be fully justified, in writing, and coordinated with
USAEC. Justifications must specify the installations or facilities included in the
deviation request and address the risk of adverse impacts to the environment
caused by the deviation. Approvals are required for both cycle extensions and
compressions. MACOMs may vary the intensity of review in a particular media to
reflect the number, type, and significance of issues relating to that media present
at the installation. MACOMs should consult with their installations and USAEC in
developing their schedules and submit them to USAEC annually or as requested.
USAEC will maintain an Army-wide schedule of all assessments for the
succeeding cycle.
(5) When developing their ECAS schedules, MACOMs will also select the
assessing agent to conduct ECAS assessments at their installations. MACOMs
should coordinate their selection with USAEC early to ensure that the agent has
the required environmental expertise in all applicable media plus an adequate
knowledge of the Army to make accurate findings and propose useful corrective
actions. Assessment teams must be sufficiently independent to be fully objective
in their evaluation of compliance issues at the installation.
(6) The Army uses TEAM Guide and its supplements for all assessments
within the U.S. and/or its jurisdictions. The TEAM Guide is the DOD standard and
provides a checklist of Federal environmental requirements, DOD requirements,
and EOs. The Army also uses supplements to the TEAM Guide for the three
components (that is, active Army, ARNG, and USAR). The active Army has 13
user's guides focusing on major Army operations (for example, motor pools and
vehicle maintenance, HAZMAT storage) available to supplement internal
assessments.
(a) The three component supplements provide checklist items for the
Army (laws, regulations, and MPs) plus guidance to help assessors understand
the application of media requirements at the installation. An OCONUS Army
supplement is provided and formatted for use in the Army-required ECAS
software.
(b) All supplements use the same organization as the TEAM Guide (for
example, same manual sections and subsections) and is used in the Army
software. Any errors or omissions in the TEAM Guide or supplements should be
reported to USAEC, ATTN: SFIM-AEC-EQS. Copies of the TEAM Guide or any
supplements can be downloaded from DENIX (see para 13-4 ) with official
authorization.
(c) The scope of the Occupational Safety and Health Act (OSHA) and
other health/safety issues has been reduced. Under the ECAS Program only a
limited number of OSHA regulations will be reviewed. In the TEAM Guide, the
checklist items with OSHA citations (Title 29) that will be assessed are found in
PM.45.2 (Pesticides), PO.45 (Service Stations), and SO.110 (Medical Waste).
Issues that will not be addressed include eyewashes, fire extinguishers, hazard
communication (HAZCOM), MSDSs (in relation to HAZCOM), Chemical Hygiene
Plans, and storage of HAZMATs in containers and tanks (for example, flammable
combustible liquids, storage of acids, storage of compressed gases). These
issues are currently found in TEAM Guide sections HM.1.2 through HM.1.4,
HM.10, HM.15, HM.35, HM.45, and ST.120. Assessors will not add checklist
items based on OSHA regulations, National Fire Protection Act (NFPA)
regulations, Compressed Gas Association standards, American National
Standards Institute (ANSI) standards, TB MEDs, ARs, DODIs, or Department of
Defense Regulations (DODRs) to the HAZMAT section without submitting the
citation for review by USAEC for inclusion in the TEAM Guide or active Army
supplement.
(d) Outside the U.S., assessors will use OCONUS protocols formatted
according to the TEAM Guide scheme with criteria appropriate to the
laws/regulations/standards that apply (that is, OEBGD or FGS). The Army ECAS
software will be used with the OCONUS protocols.
(7) Army installations must develop and maintain a management and
funding plan in response to external assessment findings and regulatory agency
inspections. This is necessary to ensure that corrective actions are implemented
and to avoid increasing environmental compliance liability. The management and
funding plan should be finalized by the installation, approved by the IC and/or
installation EQCC with MACOM notification.
(a) For the active Army and the ARNG, the Installation Corrective
Action Plan (ICAP) fulfills the management and funding plan requirement.
Assessment teams will submit a draft ICAP, along with the draft ECAR, using
installation input while on site. However, the installation must develop and
maintain a final ICAP and forward a copy to their MACOM when directed. The
Army-required software produces a standard ICAP from the data set created by
the assessor that may suit many installation and MACOM needs (see para 13-6
for more details). The final ICAP can be maintained as a management document
to achieve compliance during the intervening years of the external assessment
cycle. The Army's goal is that the ICAP be finalized by the installation and
approved by the IC and/or EQCC and MACOM within 8 weeks of the receipt of
the final ECAR by the installation.
(b) All installations must ensure that requirements for ECAS corrective
actions that require funding are included in their annual EPR submission. The
ICAP, approved by the IC and MACOM, includes the funding requirements and is
the basis for the EPR submission to HQDA.
c. Internal assessments. The Army uses internal assessments to build upon
information gathered in the external assessment (ECAS) to meet the installation
environmental compliance needs. Internal assessments may also be used to
follow-up on corrective actions from the external assessment, and to assess the
compliance of activities/operations that were not assessed in the external
assessment.
(1) Internal assessments help installation personnel understand the
environmental requirements of their workplace; therefore, installation personnel
should conduct them.
(2) The installation EQCC is an effective forum to organize the internal
assessment effort, identify the needed personnel for conducting the assessment,
and review the assessment results.
(3) Some MACOMs have established specific internal assessment
reporting requirements; however, the scope of the internal assessment should be
determined by the IC to meet the installation's own needs. Some generic
methods and tools that should be used are described in paragraph 15-8c(7) .
(4) The internal assessment process for USAR facilities will be conducted
in a manner similar to that for active Army installations. The ARNG and USAR
will determine the scope of the internal assessment at their facilities beyond the
minimum requirements given in paragraph 15-8c(7). In foreign countries, ICs
may use the methods outlined in paragraph 15-8c(7) to conduct internal
assessments, but they must also adhere to MACOM, OEBGD/FGS, and DOD
requirements.
(5) The duration of the internal assessment is not limited to a prescribed
time period. The assessment may consist of site visits over a period of months or
an entire year. Furthermore, the internal assessment should be planned to build
upon/add to the data gathered in the most recent external assessment.
(6) For installations that are required to submit the ISR Environment, this
report will fulfill the minimum annual internal assessment requirement. Although
completing and submitting the ISR Environment meets the minimum requirement
for an internal assessment, the ISR Environment provides a programmatic review
and does not emphasize on-site checking. Internal assessments that include onsite inspections are strongly encouraged to maximize the effectiveness of internal
assessments. ICs are encouraged to use internal assessment methods,
described in paragraph 15-8c(7) below, to gather information to complete the ISR
and meet their own management information needs.
(7) The internal assessment requirements for installations not submitting
the ISR Environment are listed below. These same requirements are
recommended to ICs who choose to complete an internal assessment beyond, or
supporting, the ISR.
(a) Installations will conduct an internal assessment annually unless a
deviation is approved of, in writing, by HQDA and their MACOM. Requests for
deviation must be fully justified, in writing, and coordinated with USAEC by the
MACOM. Justifications must specify the desired frequency of the internal
assessment, identify the installations or facilities requesting the deviation, and
address the risk of adverse impacts on the environment.
(b) Army installations must use the applicable USAEC or HQ, USACE
approved protocols (Federal and state) and other publications in conducting the
assessments. USAEC has developed a number of useful tools/reference
materials that can be used to plan an effective internal assessment. More
information on these materials is provided in paragraph 15-8c(7)(f) below.
(c) The scope of the internal assessment should include the following:
(1) Review status of corrective actions that resulted from the last
external and subsequent internal assessments. Update the ICAP to ensure that
the corrective action data are as current as possible. It should include POCs for
verifying corrective action status as well as funding information.
(2) Review the status of corrective actions needed as a result of
ENFs received since the last assessment (internal and/or external). This
requirement should be examined on a daily basis as part of the installation's
environmental program. However, assessors should verify that all ENFs received
since the last assessment have been addressed.
(3) Identify and assess the status of compliance with any new
regulatory requirements enacted since the last assessment; address any special
areas of concern specified by higher command. Media managers within the
environmental office should be aware of any new regulations. Other sources of
information include the Federal and state regulatory offices, MACOM HQ, and
USAEC.
(d) Any internal assessment findings that require funding for correction
must be provided to the installation's environmental office for submission into the
EPR report.
(e) With the exception of the ISR, no written reports for an internal
assessment are required by HQDA.
(f) USAEC has developed a variety of tools to support installations in
completing their internal assessments. Support available through USAEC
includes the following:
(1) The TEAM Guide and supplemental protocol manuals used by
the Army for external assessments and the component supplements to the
TEAM Guide (active Army, USAR, and ARNG) focusing on ARs and MPs.
(2) Environmental compliance user's guides are activity-specific
guides (for example, motor pools, HW warehouse/storage facilities, etc.)
designed to help installation personnel understand the impacts of their activity on
the environment.
(3) The Army ECAS software can readily be used to track findings
and corrective actions from internal assessments, especially when initially
populated by the external assessment data. The corrective actions and funding
requirements can be added to the current ICAP, thus making this plan a dynamic
management tool. (See para 13-6 for more information on the Army ECAS
software.)
(g) For further information on any of these tools, contact USAEC,
Environmental Quality Division, Special Program Branch, ECAS Team at
Commander, USAEC, ATTN: SFIM-AEC-EQS, Aberdeen Proving Ground, MD
21010-5401; 1-800-USA-EVHL.
d. Support from IC staff. Both external and internal assessments require
support from the IC and staff, especially the environmental management staff.
Successful external assessments require command emphasis from the outset to
promote cooperation and sharing of information with the ECAS team. Further
commitment is required after the assessment to review the results and implement
the corrective actions plus maintain the management and funding requirements
plan. The installation personnel conduct internal assessments with results
reviewed by the EQCC.
e. Releasability. Several documents and data files are generated during the
ECAS process. This information may include assessor field notes, draft findings,
executive summaries of external reviews, suggested corrective actions, ECAR,
and ECAS software data files.
(1) Field notes, draft findings, comment documents, and data files should
be marked "For Official Use Only" and their distribution handled accordingly. The
Army has determined that the premature release of these documents would
jeopardize the Army's interest in preserving the free flow, analysis, and comment
on internal information regarding environmental compliance. Army policy,
however, is that these documents should be made available to the public
pursuant to the FOIA to the extent that these documents contain factual
information that can be segregated from the opinion or recommendations portion
of a document. Factual information within ICAPs and "final" versions of ICAPs
(that is, versions with findings and recommendations that have been approved by
an appropriate approving authority) should also be made available to the public.
"Draft" versions of ICAPs (with recommendations that are subject to change or
that have not yet been approved by an appropriate authority) may be withheld
from release pursuant to Exemption 5 of the FOIA. Requests for an "active" final
ICAP or release of final reports will be referred to the appropriate IC (military) or
freedom of information officer.
(2) The final report, the data set or ECAR, is releasable in its entirety under
FOIA. The draft and final ICAPs are releasable only in accordance with
paragraph (1) above. AR 25-55 (formerly AR 340-17) should be consulted for all
FOIA requests. All FOIA requests must be reviewed by the installation's servicing
staff judge advocate or legal advisor prior to the issuance of a response to the
requestor.
f. Retention. A management system is required to retain documents created
during the ECAS process so that compliance with the Federal Records Act and
AR 25-400-2 is obtained.
15-9. Army Environmental Awards Program
a. Nomination procedures for Secretary of the Army Environmental Awards.
Instructions on preparation of submittals, schedules, and criteria for nomination
for the installation, team, and individual awards in the categories indicated in AR
200-1 , paragraph 15-10 (and by any subsequent Office of the Assistant Chief of
Staff for Installation Management (OACSIM) notices) are issued annually by
HQDA memorandum. Note that awards cover either 2 or 3 FYs depending on the
award category. Procedures may vary from year to year but normally require the
following:
(1) Installation nominations. Submittals should highlight the installation's
specific accomplishments in accordance with criteria specific to the particular
award categories.
(2) Individual nominations. Nominations should address the individual's
special accomplishments and significant contributions to Army and DOD goals in
accordance with criteria specific to the particular award categories. They should
also highlight those efforts that go beyond the individual's normal job duties. Any
other appropriate information, such as related professional achievements, may
be included.
(3) Team nominations. Some award categories include the option to
nominate a team rather than an individual. For the Pollution Prevention Award for
a weapons system acquisition, only a team award is used. Nomination submittals
should address the team's special accomplishments in accordance with criteria
specific to the particular award categories. Nominated teams and team members
must also meet the qualifications for team nominations for that award category in
accordance with criteria specified in the notification memorandum.
(4) Formats. Nominations should meet the length and format requirements
specified in the notification memorandum. Each nomination will include a cover
page with identifying information about the submittal, as specified in the
notification memorandum. Electronic submission is acceptable. See paragraph
b(2) below regarding electronic submissions for the SECDEF Environmental
Security Awards (DOD awards).
(5) Submission process. The specified numbers of copies of each
nomination will be submitted, through the environmental office of the submitter's
MACOM, to USAEC at the address specified in the notification memorandum.
Each MACOM may submit one nomination per category or subcategory. Direct
nominations to USAEC are not appropriate since MACOMs must select/approve
their nominees in each category.
(6) Selection procedures. Judging panels for each category of award,
consisting of subject matter experts from HQDA, USAEC, and other sources, will
evaluate the nominations and recommend winners. Winners selected by judging
panels are approved by the Secretary of the Army prior to Army-wide
announcement. Winner information is also posted on the USAEC Web site (
http://www.aec.army.mil ) and DENIX.
b. Nomination procedures for SECDEF Environmental Security Awards (DOD
awards). The winners of the SECDEF Environmental Security Awards are
automatically the Army's nominees for the DOD awards. Direct nominations to
DOD are not authorized.
(1) Army nominations are reviewed and revised prior to DOD submission.
This ensures conformance to DOD formats and judging criteria, and provides
Army winners with an additional opportunity to develop a competitive nomination
package by addition of photographs, graphics, expanded and improved text,
attractive page layouts, etc. OACSIM provides additional DOD award submission
guidance and schedules via memoranda to Army winners through their
MACOMs. Both MACOMs and OACSIM normally require interim reviews of draft
submissions. MACOMs are required to ensure award package content is cleared
for public release. OACSIM submits final nomination packages through chain-ofcommand to DOD. DOD announces winners approximately 1 month prior to its
awards ceremony.
(2) Final nomination packages must meet DOD requirements for electronic
submission and DENIX posting.
c. Secretary of the Army Environmental Quality Awards ceremony. The
Army's ceremony for its environmental awards is normally held in the Pentagon
during or before Earth Week in April of each year, on a day prior to the DOD
awards ceremony. Winners of Army environmental awards are required to
coordinate with USAEC regarding specific information for the ceremony.
Information such as persons accepting the awards; Pentagon access
requirements; travel to/from, lodging, and ceremony location; award rehearsal;
reception; and DOD ceremony information will be collected and/or provided as
requested.
d. Other environmental awards. The Army participates in other national,
regional, and local environmental awards programs. Notices of upcoming award
competitions are routinely provided in electronic form to MACOM environmental
awards POCs. National awards may require HQDA participation in notification,
selection, and/or nomination procedures. Guidance is provided by HQDA on a
case-by-case basis. Installations and individuals are encouraged to participate
and to publicize their successes by notifying the USAEC PAO and/or Awards
Program POC. Available awards information is maintained on the USAEC Web
site ( http://www.aec.army.mil ).
e. Public Affairs component. Environmental awards recognize significant
contributions to environmental program excellence and provide an opportunity to
transfer valuable expertise and lessons learned throughout the Army. Public
Affairs initiatives that promote the visibility of Army Award nominees and winners
are important to meet these goals. PAOs are encouraged to support both
nominees and eventual winners by coordinating with individuals, teams, and
installations to create quality nomination packages and achieve maximum
awareness of successful environmental programs. USAEC Public Affairs
conducts the publicity program for the Secretary of the Army and SECDEF
environmental awards (paras a through c above). Guidance specific to these
awards competitions is distributed to both MACOM and installation PAOs and is
available on the USAEC Web site ( http://www.aec.army.mil ).
15-10. Environmental Quality Control Committee
a. Membership. At a minimum, membership of the installation EQCC will
normally include the following:
(1) The installation or community commander or a designated
representative who will serve as the chairperson. Active command involvement is
perhaps the key component of the success of any environmental program.
Chairing of the EQCC by the installation or community commander demonstrates
active command interest and involvement in the environmental program.
(2) The Director of Engineering and Housing (DEH) or DPW, or equivalent,
who will act as the executive secretary of the EQCC.
(3) The installation environmental officer.
(4) Staff judge advocate or designated legal representative.
(5) The director of each major staff section of the installation or community.
(6) Representatives from the following offices or functions:
(a) Public Affairs.
(b) Medical.
(c) Safety.
(d) Surety.
(e) Range Management.
(f) Resource Management.
(g) Supply.
(h) Director of Industrial Operations (DIO) or the DOL or equivalent.
(i) Other offices may also be represented.
(7) The commander or director from each tenant unit, agency sponsor, and
activity, including the DRMO.
(8) Subinstallation or subcommunity commanders.
(9) Others considered appropriate by the installation or community
commander.
b. Frequency of meetings. The installation EQCC will normally meet monthly.
ICs may elect to establish EQCC subcommittees or working groups that may
meet monthly. In that case, the IC may choose to have the installation-level
EQCC with senior staff membership meet less frequently, but at least quarterly.
c. CWFs. Their respective division, district, and laboratory commanders will
determine the composition and meeting frequency of CWF EQCCs.
15-11. Construction site selection surveys
a. The following procedural information will assist in providing guidance to
MACOMs and engineering and construction project managers responsible for
military construction, Army (MCA); minor MCA; Army family housing (AFH)
construction projects; and all other construction projects on Army installations
regarding proper techniques for preconstruction site investigation and site
selection procedures. This information outlines procedures for pre-construction
investigation of proposed construction sites at Army installations to determine
whether the site may be contaminated with HAZMATs such as volatile organics,
buried wastes, and UXO. This information will improve the safety of construction
projects and decrease the risk of injury to military, civilian, and contractor
personnel involved in their construction. It also describes recommended
investigative techniques, instrumentation, strengths and weakness of the
techniques, and applicability of techniques to particular site conditions. This does
not replace or obviate the need for any necessary NEPA analysis.
b. The cleanup of a site prior to construction of the MCA or AFH project is
normally the function of the installation. If cleanup includes areas within the
footprint of a proposed building, that portion of the cleanup will be paid for by the
MCA or AFH project.
c. AR 415-15 requires that all proposed construction sites be evaluated by the
installation for potential site contamination and categorized as one of the
following:
(1) Category I. This site is located in a traditional nonhazardous location,
such as in an administrative, recreation, or housing area. The installation has no
reason to suspect contamination.
(2) Category II. Current and former industrial sites or other hazardproducing activity sites will fit into this category. This site category consists of
perceived clean locations that have the potential for contamination due to either
former industrial or other activities within or near the site or the uncertain nature
of a site's historical usage. Surveys required for Category II sites are of a general
nature to investigate the site for a wide range of potential contaminants.
(3) Category III. Sites located in areas known to be contaminated are
included within this category. Contamination will vary; for example, a Category III
site may be a known disposal site as identified in previous studies or UXO at a
former range. Contaminants of concern are known, so that specific techniques
can be used to verify the presence or absence of such contaminants. Siting
projects in a Category III area should be considered only as a last resort after all
other alternate site locations have been exhausted.
d. The procedures for construction site survey and clearance are organized in
a step-wise manner. Figure 15-1 , located at the end of this chapter, depicts the
elements of site survey and clearance. As shown, the survey and clearance
process involves a preliminary site assessment that includes records review,
examination of aerial photographs, and site surface inspection to determine
former usage of the site and potential for contamination. Installation master
planning documents should have information/overlays showing portions of the
installation affected by LUCs that restrict use of property due to environmental
contamination left in place. Similar controls may also exist describing historical or
archeological restrictions. Once the preliminary assessment is completed and the
site has been classified as Category I, II, or III, additional environmental survey
and clearance steps are performed as indicated in figure 15-1.
(1) Category I sites. For sites classified as Category I, the results of the
preliminary site assessment are recorded on DD Form 1391 (FY, Military
Construction Project Data) and in paragraph D9, Summary of Environmental
Consequences, of the Detailed Justification, and the construction project
proceeds as planned.
(2) Category II sites.
(a) Sites classified as Category II require that several nonintrusive
environmental survey methods be performed. These methods are a geophysical
survey and a soil gas sampling and analysis survey. The application of
geophysical methods and soil gas sampling and analysis to Category II sites is
dependent on site-specific characteristics such as geology, soil types, depth to
groundwater, and information regarding the types of suspected contamination.
This geological and contaminant information is collected during the preliminary
site assessment and is used to provide guidance for selection and design of the
geophysical and soil gas survey methods. These environmental survey methods
are designed based on specific details of the proposed construction project,
including size of construction project and location and depth of soil excavations
(for example, foundations, conduit and utility lines, and subsurface dewatering
requirements). The results of the geophysical and soil gas environmental survey
investigations are then recorded on DD Form 1391 and in paragraph D9,
Summary of Environmental Consequences, of the Detailed Justification.
(b) Some Category II sites may exhibit contaminants and/or site
geologic conditions where geophysical and soil gas methods are not effective
survey techniques. This would be the case for nonvolatile contaminants,
radiological contaminants, biological (infectious) contamination, and
contaminated groundwater occurring at depths below the effective range of
geophysical and soil gas methods. Geophysical methods and soil gas sampling
are generally applicable to a wide range of potential contamination scenarios that
could occur on or in the vicinity of a Category II site. In some situations, however,
specific sampling and laboratory screening analysis of affected soil and
groundwater are recommended. The decision to include this specific sampling in
the site investigation would be made based on information collected from the
preliminary site assessment (records review) and the details of the planned
construction.
(3) Category III sites.
(a) Sites that are known to be contaminated or contain possible UXO
(for example, former range areas) are classified as Category III sites. Survey and
clearance procedures for these sites are conducted by specially trained
personnel using specialized instrumentation and methodologies. Sites that are
known to have chemical agents or munitions that may contain chemical agents
also are classified as Category III sites.
(b) Sites classified as Category III will have specific known
contaminants. The investigation and clearance procedures for these sites will
need to be developed by the installation Environmental Office and Safety Office
in coordination with the USAEC. Remediation/clearance of Category III sites will
be conducted in compliance with applicable Federal, state, and local laws and
regulations. Investigation and clearance of such sites may require extensive field
surveys including geophysics, soil sampling and analysis, groundwater sampling
and analysis, and the associated requirements for coordination with Federal and
state environmental agencies. Completion of the preconstruction survey and
remediation of a Category III site and its vicinity could take a number of years.
Therefore, it is recommended that Category III sites be avoided when other more
suitable building sites are available. Investigations will be site-specific and
focused on contaminants of concern. As with Category II sites, the details of the
particular construction project will serve to guide the design of the survey and
clearance procedures.
15-12. Army Environmental Training Program
[Reserved]
15-13. Installation/civil works facility/state environmental training
plans
a. The strong recommendation for comprehensive installation environmental
training programs and for written plans guidance that support them is stated in
AR 200-1 , paragraph 15-14. Installations are requested to forward a copy of any
written plan or guidance approved by the IC to the USAEC or EARC for use in
providing examples to other parts of the Army.
b. Due to numerous mandatory environmental training requirements (those
specified by law or regulation, permit, or compliance order, and for environmental
compliance officers assigned in accordance with AR 200-1), and to address
numerous overlapping environmental and SOH mandatory training requirements,
installations and civil works facilities (CWFs) need to develop a comprehensive
approach to environmental training. A comprehensive written plan may also be
necessary. However, the minimum necessary requirement is for commanders
and/or supervisors to be provided with written information indicating which
persons or positions require which training and how to get the necessary training.
Regulations that mandate environmental or closely related SOH training include
but are not limited to those indicated in table 15-2 , located at the end of this
chapter.
c. A comprehensive program and, if appropriate, an associated written plan
for accomplishing environmental training should address, at a minimum, how the
organization will accomplish the following:
(1) Technical environmental and related SOH training required by Federal
or state law or regulation.
(2) Any additional training requirements specified in a permit or compliance
agreement.
(3) Mandatory training recordkeeping and tracking procedures associated
with these requirements.
(4) Training for organization/unit environmental compliance officers
assigned in accordance with AR 200-1 , paragraphs 1-27a(15), 1-29c(5), 1-31f,
and 1-32f. (See further guidance in para 15-17d of this publication.)
(5) Other installation- or state-specific environmental awareness training
needed to support the Army's environmental strategy. Current recommendations
will be available from the USAEC or EARC; MACOMs are authorized to suggest
or require specific environmental training or courses.
d. Development of a training program and plan should be a coordinated effort.
At military installations it should include civilian and military training offices within
the civilian personnel office (CPO) and the Directorate of Plans, Training,
Mobilization, and Security (DPTMS) or equivalent; the environmental, safety,
preventive medicine, and fire department staff; and other relevant mission and
support organizations, including all other relevant members of the EQCC.
e. The installation strategy for developing a comprehensive statement of local
training requirements should consider the training needs of all table of distribution
and allowances (TDA) organizations and table of organization and equipment
(TO&E) units. It should include tenant organizations and supported ARNG and
USAR units. The strategy may include resident military dependents and
organizations operating on post under lease or license arrangements. It should
include training and awareness solutions already available from Army schools
and environmental agencies.
f. The IC may consider designating a lead agent for the creation of the
training plan other than the installation or state EC, if appropriate, based on
current staff resources. USACE commanders may develop generic plans for site
specific adaptation throughout their organizations.
g. Installation environmental management plans (such as HW or asbestos
management plans) and/or permits normally include environmental training
components. These may be referenced rather than repeated in a comprehensive
environmental training plan. Training provided for such regulated programs must
include local operational details specified in the relevant plans. Such training, if
provided through outside sources such as contractors or an Army school, must
be supplemented by documented specific local requirements or training to
ensure compliance.
(1) Requirements in 40 CFR and 29 CFR for SOH, HW management,
emergency response training, and related transportation training requirements in
49 CFR can appear to overlap and may be confusing to interpret. Regulatory
requirements should be carefully evaluated against individual job duties to avoid
over or under training.
(2) For example, requirements for training an HW accumulation point
operator at a motor pool vs. a person managing a permitted over-90-day HW
storage facility might appear to be identical on an installation with a TSDF permit.
Both OSHA ( 29 CFR 1910.120 (p)) and EPA ( 40 CFR 264.16 and 40 CFR
165.16) requirements apply to the permitted organization (the installation).
OSHA's 24-hour initial/8-hour annual refresher training for TSDFs is specifically
SOH-oriented. EPA's RCRA initial/annual refresher requirement (no time length
specified) applies to both unpermitted large quantity generators that accumulate
HW ( 40 CFR 262.34 (a)(4)) and permitted TSDFs. This training normally would
address SOH, but specifically requires persons managing HW to perform their
duties in accordance with RCRA regulations and to respond safely in an
emergency. The breadth of duties and degree of hazard may be much greater for
a storage facility operator or for a person operating a large consolidated "lessthan 90-day accumulation point," than for a person managing a 55-gallon
accumulation point at a motor pool or craft shop.
(3) Installations can clarify appropriate training for each type of position
(including additional-duty assignments) by addressing such distinctions in their
permits or in their HW standard operating procedures in the case of nonpermitted
facilities. In doing so, the installation should take into consideration the degree of
advisory support available to such persons, choices made in assigning
unit/organization environmental compliance officers to various organizational
levels, the installation's compliance status and state regulatory climate, and other
factors appropriate to its own situation.
h. In addition to the minimum content, a training plan should also include any
current environmental awareness briefings by the EC. It may contain
recommendations for other environmental training to support the installation
environmental mission. At a minimum, a plan should show, in easy-to-use
graphic format, what organizations, units, or persons require which training and
how often. If this is only part of the plan, it may be designed for separate
dissemination to those organizations and units.
i. The plan should be updated after major mission changes and as
weaknesses are found in the plan through inspections, audits, assessments, or
ENFs that identify systemic training deficiencies.
j. In describing recordkeeping, the plan should state responsibilities,
procedures, and locations for maintaining training records for persons required
by regulation or permit to receive recurring training (for example, HW handlers,
asbestos inspectors, etc.). Recordkeeping for on-the-job training should also be
specified.
k. The IC should also consider addressing the following in the plan:
(1) Resources and funding issues and EPR Report project definitions.
Consult chapter 13 of this publication and other current Army guidance on the
EPR Report in regard to identifying training requirements in the EPR Report.
Even though training prescribed by environmental laws/regulations, permits, or
compliance agreements should be "must fund," optimal training length and
delivery method for different audiences should be considered so that costeffective approaches can be obtained.
(2) Recommended or required training content, courses, and sources. For
environmental staff, this section may address both the general management and
technical environmental training needed for individual development plans and/or
career management plans.
(3) Information on access to local, school-based, or contractor training and
training available from other installations, local universities, or community
colleges, if appropriate.
(4) Any other training or awareness approaches appropriate to maintain
compliance and support P2, conservation, and restoration efforts.
l. Installations are encouraged to establish a limited or comprehensive
environmental train-the-trainer approach to accomplishing mandated training,
including training for environmental compliance officers. Tenants and supported
facilities should participate in training programs established by the parent
installation, avoiding development of separate basic training for their
environmental compliance officers. Organizational specifics should be added,
including details for facilities in different states.
m. Organizations developing new courses specific for their installations or
state must coordinate with their MACOM environmental office, which continues
the coordination with HQ U.S. Army Training and Doctrine Command (TRADOC),
prior to course development. USAEC must also be notified in accordance with
AR 200-1 to ensure HQDA is made aware of Army requirements as identified in
the field. Installation-specific training is recognized as necessary for selected
personnel to ensure regulatory compliance. Installation-specific details in
awareness programs also support all aspects of the Army environmental
program. However, coordinating with TRADOC will ensure that installations are
provided with the most current information on available training resources before
expending installation funds on developing duplicate training and products.
Coordination will, in many cases, involve as little as a telephone call. In other
cases, followup arrangements with appropriate schools may be made to ensure
the installation or organization gets access to the right training or gets the
opportunity to arrange for a tailored version of an existing course. Proposed new
courses may also be established through proper initial coordination, followed by
formal proposals through appropriate training channels.
n. Information for environmental awareness and training programs at
installations is available from EARC.
(1) EARC in Huntsville, Alabama, is located and operated by the USACE
PDSC. USACE operates EARC for the Army on behalf of the DEP and USAEC.
(2) Current EARC services to MACOMs, installations, and individuals
include provision of copies of/access to the Defense Services Directory of
Environmental Training and Education, information on schedules of courses in
the directory, assistance in producing integrated training area management
(ITAM) and other environmental awareness products, etc.
(3) EARC inquiries should be made to the following address: Chief,
USACE PDSC, ATTN: CEHR-P-ET, P.O. Box 1600, Huntsville, AL 35807-4301.
15-14. Army Energy Program
Policy and regulatory guidance for the Army Energy Program are provided in AR
11-27 and the Army Energy Resources Management Plan, respectively.
Conservation of energy resources should be a consideration in P2 planning,
programs, and activities.
15-15. National security emergencies and exemptions
A number of environmental statutes contain exemptions from their provisions in
the interest of national security. Table 15-3 , located at the end of this chapter,
depicts the primary laws, the standard for invoking the exemption, and the
ultimate approval authority.
15-16. Criminal enforcement
a. Federal employees are not immune from Federal prosecution for violations
of environmental laws and regulations. Failure to achieve and maintain
compliance could result in temporary restraining orders or injunctions,
curtailments, fines, or imposed penalties. Penalties include fines and
incarceration. The following are criminal acts under the most commonly enforced
Federal environmental statutes:
(1) CERCLA , 42 USC 9603 (b), (c), and (d)(2). Failure to notify the
National Response Center of a release of a hazardous substance; knowingly
reporting false or misleading information; or the knowing destruction of, or
falsification of, specified records.
(2) RCRA , 42 USC 6928 (d) and (e). Knowingly-(a) Transporting or causing to be transported HW to an unpermitted
facility.
(b) Dealing with HW without a permit or in violation of a permit,
regulation, or standard.
(c) Omitting material information or making a false material statement or
representation in specified documents.
(d) Destroying, altering, concealing, or failing to file any compliance
document.
(e) Transporting (or causing to be transported) any HW without the
required manifest.
(f) Exporting HW without the consent of a receiving country or in a
manner not conforming to international agreements.
(g) Dealing with used oil not identified or listed as a HW under RCRA, in
violation of a specified provision, while knowing at the time that dealing in such a
way places another person under imminent danger of death or serious bodily
injury.
(3) CWA , 33 USC 1319 (c).
(a) Negligently violating specified permit conditions/limitations or
negligently introducing a pollutant or hazardous substance into a sewer system
or POTW while knowing that such a substance could cause personal injury,
property damage, or the POTW to violate effluent limitations or conditions.
(b) Knowingly making false statements, representations, or
certifications in specified documents.
(c) Falsifying, tampering with, or rendering inaccurate certain monitoring
devices or methods.
(4) TSCA) , 15 USC 2615 (b. Knowing or willful failure to-(a) Refuse to comply with any rule, order, or requirement relating to the
testing of chemical substances and mixtures; the manufacture and processing of
chemical substances; or the regulation of hazardous chemicals and mixtures.
(b) Use for commercial purposes a chemical or mixture known to have
been illegally manufactured, processed, or distributed.
(c) Establish or maintain required records; submit reports, notices, or
other required information; or permit access to or copying of records required by
TSCA.
(d) Allow entry or inspections as required by TSCA.
(e) Comply with any of the requirements of subchapter IV regarding
lead exposure reduction.
(5) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 7 USC 136
(b).Knowingly distributing or selling any pesticide or device known to be in
violation of any of the requirements of subchapter II of FIFRA.
(6) Endangered Species Act (ESA) , 16 USC 1540 (b). Knowingly violating
any provision, permit, or certificate issued pursuant to the ESA or any regulation
regarding the-(a) Importation, exportation, taking, possession, sale, transport,
delivery, receipt, or shipment of any endangered species.
(b) Importation, exportation, removal, damage, destruction, delivery,
receipt, transport, or shipment of any endangered plant.
(7) SDWA , 40 CFR part 145 .
b. The element of knowledge in these statutes can be established by direct
evidence, such as where an individual was specifically told of the fact at issue or
by circumstantial evidence indicating that the commander or subordinate
manager was aware of deficiencies and failed to take appropriate action.
Furthermore, in some instances, evidence that an individual shielded himself or
herself from information that he or she should have known is admissible to prove
that he or she was in possession of the actual knowledge.
c. Army installations and CWFs will pay reasonable administrative fees to
state and Federal agencies to cover administrative costs for benefits received
under permitting and inspection programs, but will not pay taxes, which include
taxes distinguished as fees. Installations and CWFs will not pay any fines or
penalties assessed under statutes in which Congress has not clearly and
unequivocally waived the Federal government's sovereign immunity.
d. All personnel will ensure that all instances of noncompliance with
environmental laws and permits are reported through the chain-of-command. A
correction may be dependent on major construction, budget submission, or other
long-range programming and execution requirements. Personnel will identify
funding requirements and the deadlines for implementing-(1) Pollution abatement measures.
(2) Natural and cultural resources protection activities.
(3) SOH training and periodic health monitoring of personnel working on
environmental projects.
(4) Other related activities.
e. Stopping the activity or negotiation of an exemption with the appropriate
state or Federal authority is required. Such actions will avoid continued violation
of applicable criminal statutes. In circumstances where national security interests
mandate continued operation without correction, an exemption on such grounds
must be sought through command channels. The President is the sole authority
to grant most but not all such exemptions. Funding delays will not be a basis for
requesting an exemption, unless Congress has been asked to appropriate funds
for this purpose and has not done so.
f. See paragraph 15-7 for guidance on environmental agreements with state
or Federal authorities.
g. ENF requirements will be reported and resolved as identified below.
(1) In addition to EQR submissions, installations will report ENFs through
legal channels, as follows:
(a) Hard copies of the notification of new ENFs in which a fine or
penalty has not been assessed are to be sent to the MACOM within 48 hours.
(b) ENFs in which a fine or penalty has been assessed must be
reported within 24 hours through the MACOM Environmental Law Specialist to
HQDA, OTJAG, ATTN: DAJA-EL, 901 N. Stuart Street, Arlington, VA 222031837. MACOMs must then immediately report receipt of the fine to HQDA ODEP,
ATTN: DAIM-ED-C, 600 Army Pentagon, Washington, DC 20310-0600.
(c) Any ENF, fine, or spill which is likely to draw media attention or
impacts the surrounding community should be reported to the MACOM
immediately. The MACOM is to then notify HQDA through the USAEC, ATTN:
SFIM-AEC-NR, 5179 Hoadley Road, Aberdeen Proving Ground, MD 210105401.
(d) Installations will notify their installation ELS of all significant activity
on open ENFs. For purposes of this section, significant activity is any meaningful
progression of the ENF through negotiations or contested proceedings. In
addition, installations will send to the MACOM ELS, 15 days prior to the close of
each quarter, a detailed summary of the status of all active ENFs taken against
the installation in which a fine has been assessed.
(2) Installations with open ENFs must immediately notify the appropriate
regulatory agency upon completion of all necessary/required corrective actions.
Notification must be made by return receipt mail, requesting regulator resolution
within 60 days. Notification must be in the form of a letter containing a complete
description of the deficiencies and associated corrections. Request that the
regulatory agency provide written confirmation of ENF resolution to resolve and
close out the ENF. Phone calls to regulatory officials giving advance notice of the
letter and follow through coordination could be helpful and effective. Installations
will notify their MACOM and update the EQR when the ENF is resolved.
(3) Resolve ENFs under any of the following methods:
(a) The installation receives written notification from the regulatory
agency that the action is resolved within 60 days. This is the preferred method.
(b) The installation receives a telephonic/oral confirmation from the
regulatory agency that the action is resolved within 60 days. A Memorandum for
Record must be prepared noting the date, time, regulatory POC, and summary of
the conversation. The Memorandum for Record will then be filed with the ENF.
(c) Notify the regulatory agency when corrective actions required to
close the ENF are completed. If the notification is telephonic, record the
conversation in a Memorandum for Record to be filed with the ENF at the
installation.
(d) Develop a corrective action plan, in partnership with the applicable
regulatory agency, with a timeline for completion for ENFs that require long-term
measures to close. The corrective action plan only administratively resolves the
ENF. The installation must still meet all corrective action milestones on time or
risk the issuance of a second ENF and possible fine.
(e) The installation notifies the regulatory agency in writing of
completion of all corrective actions and provides 60 days for resolution. If the
regulator does not reply within 60 days, a Memorandum for Record noting the
action is considered resolved will be filed with copies and receipts from
notifications. This method will be used after attempts to use other methods have
failed.
(f) The installation and regulator enter into a written Compliance
Agreement resolving all alleged violations in the ENFs. Such an agreement can
include future corrective measures or environmental projects. Once a
Compliance Agreement has been signed, all ENFs included in the Compliance
Agreement are considered administratively resolved.
15-17. Environmental compliance officer
a. AR 200-1, chapter 1, requires ICs (see AR 200-1 , para 1-27), tenant
commanders (see AR 200-1, para 1-29), facility managers and commanders of
subinstallations and supported facilities (see AR 200-1, para 1-31), and unit
commanders (see AR 200-1, para 1-32) to assign environmental compliance
officers at appropriate levels. State adjutants general, commanders of USAR
RSC, and CW division, district, and laboratory commanders are also covered by
AR 200-1, paragraph 1-27. This requirement reflects a practice that has already
become common among installations with strong environmental programs.
Tenants and remote facility commanders may obtain exceptions from the IC, if
appropriate, as specified in AR 200-1, paragraphs 1-27, 1-29, and 1-31. CW
guidance is in ER 200-2-3, chapter 2.
b. Installation environmental staff members provide compliance oversight and
assistance for the installation as a whole. (The state ARNG environmental office
provides equivalent support to the entire state ARNG organization.)
c. The use of "environmental compliance officer" as a title is not mandatory.
Commanders may choose to use titles such as "hazardous materials/waste team
member," "P2 and control officer," "maneuver damage control officer," or any
other terms appropriate to describe the majority of environmental duties
performed by assigned individuals.
d. Commanders should assign environmental compliance officer duties to
persons with ranks/grades appropriate to the organization's or unit's missions,
numbers and types of compliance requirements of that organization or unit, and
amounts and types of training to be required (including training mandated by law
or regulation). Commanders should specify the degree of authority conferred
upon the compliance officer in making the assignments. In regard to assignments
of compliance officers in TO&E units, commanders should consider-(1) The G3/S3 organizations are consistently involved in all training and
operational planning. As such, they are more appropriate to identify
environmental compliance issues associated with field operations, not just
garrison facilities.
(2) AR 710-2 assigns the G4/S4 organization specific responsibilities for
HAZMATs and HW.
e. The IC has the option of creating separate civilian positions to perform
compliance duties for large organizations. However, for all military units and for
many civilian organizations, compliance officer activities have normally been
additional assigned duties. In either case, specific duties and limitations should
be provided to the individual, as with any job assignment. Commanders should
also consider assigning alternate compliance officers in the event of the normal
assignee's absence.
f. Where an organization's civilian compliance officer assignments are highly
important to overall installation compliance success and/or will normally require
training or certification mandated by environmental law or regulation,
commanders should add environmental duties and qualifications to specific
civilian job descriptions. Selection criteria for such positions may include
environmental capabilities, previous environmental training, and previous
assignments with environmental agencies, etc., which would indicate an
applicant is more highly qualified for the job.
15-18. Integrated training area management
The proponent for ITAM is the Office of the Deputy Chief of Staff for Operations
and Plans (ODCSOPS) (see AR 200-1 , para 1-12). Policies for the program are
in AR 350-4
15-19. Sampling and laboratory analysis
a. Scope. This paragraph outlines considerations in performing environmental
sampling and obtaining analytical services that will help ensure that high quality
data is available for critical decisionmaking and to meet compliance
requirements.
b. Sampling and analysis planning. Quality sample testing data is essential in
order to identify and quantify substances that may pose a health hazard in work
and natural environments and to assess the impact of exposure to such
materials. Both the sampling and analysis steps are critical to obtaining useful,
accurate data and require careful planning and coordination with all involved
parties. In that regard, determine who will use the sample testing data and for
what purposes before collecting samples. Sampling and analysis procedures are
often specified by regulators (state, Federal) or Army environmental program
protocols (for example, the IRP). Data user requirements will drive the sampling
and analysis procedures and must be the focus of any planning effort. The
servicing laboratory should also be involved in the planning phases of a sampling
event. They should be consulted in the selection of the proper analytical method,
sampling media, and preservative required to attain accurate and precise
information to meet regulatory compliance needs and to provide valid data for
hazard assessments.
c. Selecting a testing laboratory. Selection of a qualified laboratory requires
careful evaluation of a laboratory's credentials and accreditations as well as their
performance. There are a wide variety of commercial and Federal laboratories
available for use that vary in their ability to perform laboratory analysis and
related services. The laboratory must be qualified to perform the required
analysis with a documented, demonstrated ability to attain results that will meet
the required data quality needs.
d. Laboratory quality. The requestor must ensure that the prospective
laboratory is qualified to perform the required laboratory work.
(1) Determine if the prospective laboratory holds an appropriate
accreditation from a third party assessor and is certified for the specific
parameters required.
(a) Accreditations indicate that the laboratory has a quality system in
place and that it is followed to produce consistent quality results. Performance of
accredited laboratories is measured by assessing results from external and
internal audit samples. National laboratory accrediting organizations include the
American Industrial Hygiene Association (AIHA) and the American Association
for Laboratory Accreditation (AALA). Individual states also offer certifications for
certain laboratory tests; these states usually require that compliance samples be
analyzed by state certified laboratories. Some accreditations are for very specific
parameters like the Environmental Lead Laboratory Accreditation Program
(ELLAP) for lead in soil, dust, and paint and the National Voluntary Laboratory
Accreditation Program (NVLAP) for bulk asbestos.
(b) The requestor must verify that the prospective laboratory holds a
general accreditation/certification and that the specific analytical parameters
desired are covered by the accreditation/certification. Laboratories accredited by
AIHA and AALA are accredited to perform selected categories of tests such as
asbestos fiber counting, herbicides, and volatile organic compounds. The same
is true for state certified laboratories. The parameters covered are included in the
accreditation/certification documents and should be provided upon request.
(2) Performance of the selected laboratory should be monitored with
various quality control samples to include split or duplicate samples, samples
spiked with known quantities of material to be analyzed, and blanks (samples
with no analytes present).
e. Laboratory resources.
(1) The local preventive medicine service provides limited laboratory
testing for drinking water samples.
(2) USACHPPM provides a full range of laboratory support services to
include sample analysis, consulting services to assist with the selection of proper
sampling and analysis procedures, interpretation of results, selection of
laboratories to perform sampling analysis, quality assurance assessments, and
assistance in contracting and monitoring laboratory sciences. Capacity is limited
and prior arrangements should be made directly with USACHPPM.
(3) The installation Department of Public Works may also provide
laboratory services.
(4) Commercial testing laboratories provide a wide variety of laboratory
services available under contract. Requirements for contracted laboratory
services should define acceptable data quality, and the contract award should be
based upon qualifications and demonstrated contractor performance and not
solely on price.
15-20. Pest Management Program
Pest management program requirements are addressed in AR 200-5 CWF
requirements are contained in ER 1130-2-540.
Figure 15-1. Conceptual elements of site investigation and clearance
Table 15-2. Environmental and related safety and occupational health (SOH)
training regulations
Topic/regulatory area Air quality
Subtopic Ozone-depleting substances/chemicals (ODS/ODC)
Applicable personnel Air conditioner/refrigerant technicians. May include
personsperforming maintenance/repair on mobile or stationary equipment. Operators
of air pollution sources (facilities and/or equipment)
Regulatory citations 40 CFR 82.34 (a)(2), 40 CFR 82.40 , 40 CFR 81.161
Comment State-specific requirements may also apply.
Topic/regulatory area Air quality
Subtopic Other
Applicable personnel Operators of air pollution sources (facilities and/or
equipment)
Regulatory citations AR 200-1 , para 6-3a(6)
Comment Training and/or certification to meet statutory and regulatory
requirements and minimize emissions from those sources. State requirements
typically apply.
Topic/regulatory area Air quality
Subtopic RMPs
Applicable personnel Employees operating regulated equipment/processes
Regulatory citations 40 CFR 68.51, 40 CFR 68.54
Comment Operators of equipment covered by an RMP are trained in the safe
operation of the equipment from startup to shutdown.
Topic/regulatory area Asbestos
Subtopic Various operations
Applicable personnel Asbestos inspectors, abatement designers, abatement
workers, etc.
Regulatory citations AR 200-1 , para 8-3f; 40 CFR 763.92 and appendix C to
subpart E; 40 CFR 763.121(b); 40 CFR 763.121 (e)(6)(ii)(F); 40 CFR
763.121(k)(3)-(4)
Comment State certification may be required. Certification must be by accredited
training provider.
Topic/regulatory area Emergency response
Subtopic Response to spills/releases of oil and/or hazardous substances
Applicable personnel Installation emergency response/spill team members (often
called the HAZMAT team)
Regulatory citations 40 CFR 112.21 and appendix section 1.8.2; 29 CFR 1910.120
(q); AR 200-1, para 3-3d(4)
Comment Annual training; hours vary. "HAZWOPER" spill team requirements at
29 CFR 1910.120(q) specifies five training levels depending on degree of
responsibility. Note: different personnel may require additional specialized training,
for example, firefighters, pressurized cylinder/tank specialists, etc., as required.
Specialized training (not cited) is also needed for personal protective equipment,
confined space entry, and bloodborne pathogen exposure.
Topic/regulatory area Emergency response
Subtopic Response to spills/releases of oil and/or hazardous substances
Applicable personnel Personnel at facilities covered by an SPCCP and FRP
Regulatory citations 29 CFR 1910.120(q) level 1 (awareness) minimum, higher
levels as required; 40 CFR 109.5 ; 40 CFR 112.7 ; 40 CFR 112.20 - 21 and appendix
F ; AR 200-1 , para 3-3d(4). (Also see entries for HAZMAT and HW.)
Comment Annual exercise of SPCCP/FRP plus other required training. Applies to
HAZMAT team for overall installation response and to persons not on HAZMAT
team for their own specific facilities.
Topic/regulatory area Environmental compliance, general
Subtopic Environmental compliance officers
Applicable personnel Personnel appointed as unit/organization environmental
compliance officers
Regulatory citations AR 200-1, para 1-27a(15); AR 200-1, para 1-29c(5); AR 2001, para 1-31f; AR 200-1, para 1-32e-f; AR 200-1, para 1-33d
Comment Training in compliance topics applicable to their organization, and
training in unit/organizational compliance assessment tools/techniques.
Topic/regulatory area Environmental compliance, general
Subtopic Environmental compliance and awareness
Applicable personnel Other personnel who perform actions with environmental
implications or consequences
Regulatory citations AR 200-1, para 1-27a(14); AR 200-1, para 1-32b,c,e; AR 2001, para 1-33b,d
Comment Training/awareness sufficient to ensure performance in compliance with
environmental law or regulations.
Topic/regulatory area Environmental compliance OCONUS
Subtopic Environmental compliance and awareness
Applicable personnel Personnel who perform actions with environmental
implications or consequences
Regulatory citations AR 200-1, para 14-9; OEBGD and FGS
Comment Training to ensure adequate understanding/compliance with pertinent
FGS or OEBGD standards; including training requirements under host nation laws,
general environmental awareness training.
Topic/regulatory area Environmental restoration
Subtopic Uncontrolled HW sites
Applicable personnel Personnel performing operations on site that could expose
them to hazardous substances or safety or health hazards
Regulatory citations 29 CFR 1910.120 (e)
Comment "HAZWOPER" 40-hour initial training (24 hours in limited
circumstances) plus 3 days supervised field experience, 8-hour refresher, 8-hours
additional manager's training." On site" refers to a contaminated site addressed under
the DERP.
Topic/regulatory area Hazardous chemicals
Subtopic Hazardous chemicals generally; MSDSs
Applicable personnel Persons exposed to hazardous chemicals on the job
Regulatory citations 29 CFR 1910.1200 (b)(1), 29 CFR 1910.1200(e)(1), 29 CFR
1910.1200(h), AR 200-1, para 15-14a
Comment "Hazard Communication" or "Worker-Right-to-Know" at initial job
assignments and whenever hazards change.
Topic/regulatory area HW
Subtopic Hazardous waste generators
Applicable personnel Personnel who manage (or handle) HW
Regulatory citations 40 CFR 262.34 (a)(4), 40 CFR 262.34(d)(5)(iii) referring to 40
CFR 265.16
Comment Annual training in HW requirements of their job and measures to take
during emergency.
Topic/regulatory area HW
Subtopic HW treatment, storage, or disposal facility (TSDF)
Applicable personnel Personnel who manage (or handle) HW
Regulatory citations 29 CFR 1910.120 (p)(7) and (p)(8)(K)(iii), 40 CFR 264.16 ,
40 CFR 265.16
Comment Annual training in HW requirements of their job and measures to take
during emergency. "HAZWOPER" TSDF health and safety training; 24-hours
initial, 8-hour annual refresher.
Topic/regulatory area HAZMAT or HW
Subtopic HAZMAT or HW transportation other than air
Applicable personnel Persons who identify, package, label, mark, sign shipping
papers/manifests, load/unload, or move HAZMATs or HW in transportation
Regulatory citations 49 CFR 172.700 - 704 ; 49 CFR 173.1(b); 49 CFR 173.403
(i); 49 CFR 174.7(b); 49 CFR 175.20 (b); 49 CFR 176.13 (b); 49 CFR 177.800 (c);
49 CFR 177.816 ; 49 CFR 177.825. (Also see AR 200-1, para 5-3c(2).)
Comment Initial and biennial refresher training in HAZMAT familiarization,
function or job-specific training, and safety training. OSHA or EPA training may be
used to satisfy portions of the requirement.
Topic/regulatory area HAZMAT or HW
Subtopic HAZMAT or HW air transportation
Applicable personnel Persons who sign shipping papers for air shipments. (Note:
Army references also address other aspects of shipping military-unique materials.)
Regulatory citations Federal Aviation Administration requirements as specified by
DOD. Army references are AR 55-355 and TM 38-250.
Comment Biennial training (specified courses and passing grade) including written
assignment by commander.
Topic/regulatory area Lead
Subtopic LBP
Applicable personnel Persons who inspect, perform risk assessments, or abate LBP
in housing and child-occupied facilities
Regulatory citations 40 CFR 745.223 ; 40 CFR 745.225 - 226 ; 40 CFR 745.227
(a); AR 200-1 , para 4-6h
Comment Certification must be by accredited training provider. State certification
may be required.
Topic/regulatory area PCBs
Subtopic PCB operations
Applicable personnel Personnel who handle or may potentially be exposed to PCBs
(for example, spill response teams, electricians, persons working with hydraulic
equipment)
Regulatory citations AR 200-1 para 4-4c
Comment Training must be sufficient so personnel can perform PCB-related
responsibilities in a safe and environmentally sound manner.
Topic/regulatory area Pest management
Subtopic Application of regulated pesticides
Applicable personnel Personnel applying pesticides identified for restricted use
under FIFRA
Regulatory citations 40 CFR 170 - 171 ; DODI 4150.7 ; DOD 4150.7-M ; DOD
4150.7-P
Comment Initial training at DOD accredited courses and refresher training every 3
years.
Topic/regulatory area Storage tanks
Subtopic Underground tank installation
Applicable personnel Personnel supervising tank installations. (State requirements
may also apply to tank system designers, operators, and removers and to operations
and maintenance.)
Regulatory citations AR 200-1, para 4-5g
Comment Personnel must be trained and qualified as needed for specific duties and
state certified if required.
Topic/regulatory area Water/wastewater treatment
Subtopic Plant operators
Applicable personnel Operators of water, wastewater, and industrial treatment
plants
Regulatory citations AR 200-1 , para 2-7a
Comment Training as needed or required including state operator certification as
applicable.
Table 15-2. Environmental laws and national security exemptions
Statue: CAA
Citation: 42 USC 7418 (b)
National Security exemptions: Yes
Actor: President
Provision: The President may exempt any emission source of any executive
department agency from compliance with a requirement regarding a discharge or
pollutants when the President determines it is in the paramount interest of the U.S. to
do so. No exemption may be granted from 42 USC 7411 and exceptions to 42 USC
7412 must be based upon a determination by the President that no technology exists
to implement the standard to be waived, as well as it being in the paramount interest
of the U.S.
Statue: CAA
Citation: 42 USC 7588 (e)
National Security exemptions: Yes
Actor: SECDEF
Provision: EPA may exempt vehicles from clean fuel requirements when the
SECDEF certifies that the exemption of these vehicles is necessary in the interest of
national security.
Statue: CAA
Citation: 42 USC 7606(d)
National Security exemptions: Yes
Actor: President
Provision: The President may exempt any contract, loan, or grant from all or any
prohibitions on procuring of materials, goods, or services from persons convicted of
violating the CAA where the President determines such exemption is necessary and
in the paramount interest of the U.S., and he shall notify the Congress of such
exemption.
Statue: CAA
Citation: 42 USC 7671 c(f)
National Security exemptions: Yes
Actor: President
Provision: The President (to the extent consistent with the Montreal Protocols) may
issue orders on the production and use of enumerated CFCs and halons as may be
necessary to protect national security to include an exemption from any prohibition
or requirement contained in this section. The exemption may not exceed 1 year and
must be reported to Congress within 30 days. No procedures are in place to request
either at DOD or DA for any of the CAA exemptions.
Statue: Coastal Zone Management Act (CZMA)
Citation: 16 USC 1456 (c)(1)(B)
National Security exemptions: Yes
Actor: President
Provision: The President may, on the request of the Secretary of Commerce, exempt
Federal activities found inconsistent under the provisions of the CZMA by a Federal
court, if the President determines the activities are in the paramount interest of the
U.S. No procedure in place to request at either DOD or DA.
Statue: ESA
Citation: 16 USC 1536 (j)
National Security exemptions: Yes
Actor: SECDEF
Provision: The ESA Committee will grant an exemption to the provisions of the
ESA for any DOD action upon the SECDEF finding the exemption is necessary for
national security reasons. No procedure in place to request at DA.
Statue: FIFRA
Citation: 7 USC 136 p
National Security exemptions: Yes
Actor: EPA administrator
Provision: Exempts Federal or state agencies from the requirements of subchapter II
- Environmental Pesticide Control of FIFRA when EPA determines an emergency
exists requiring such exemption. Not delegated lower by EPA. No procedures in
place to request at either DOD or DA.
Statue: Federal Water Pollution Control Act (FWPCA)
Citation: 33 USC 1323 (a)
National Security exemptions: Yes
Actor: President
Provision: The President may exempt any effluent source of any executive branch
agency if determined to be in the paramount interest of the U.S. to do so, with the
exception of sections 42 USC 1316 and 1317 . A 1-year limit on the exception and a
report to Congress is required. The President, if he or she determines it is in the
paramount interest of the U.S., may issue regulations exempting property and
weapons of the Armed Forces that are uniquely military in nature from the
requirement that the Federal government comply with the FWPCA as if it were a
nongovernmental entity. The President must review the need for the regulations
every 3 years. There are no procedures in place to request at either DOD or DA. No
regulations have been promulgated implementing this exception.
Statue: NHPA
Citation: 36 CFR 800.12
National Security exemptions: Yes
Actor: Agency
Provision: The agency official (agency head or designee for a specific undertaking)
may comply with the provisions of 36 CFR 78 in lieu of 36 CFR 800 when facing a
natural disaster or imminent threat to national security (36 CFR 78 provides for a
waiver of compliance accompanied by a notice within 12 days of such waiver). If an
emergency undertaking is an essential and immediate response to a disaster declared
by the President or a governor and 36 CFR 800.12(a) does not apply, the state
historic preservation officer and the Advisory Council on Historic Preservation must
be notified and provided 7 days to comment if circumstances permit.
Statue: Noise Control Act
Citation: 42 USC 4903 (b)
National Security exemptions: Yes
Actor: President
Provision: The President may exempt any single activity or facility, including noise
emission sources or classes thereof, of any executive department agency from
compliance with any noise control requirements if the President determines it to be
in the paramount interest of the U.S. to do so. No procedure is in place to request
either at DOD or DA.
Statue: OPA
Citation: 33 USC 2703
National Security exemptions: Yes
Actor: N/A
Provision: Act of war is one of three complete defenses to violations of the OPA
and comes into play only if damages are sought under OPA.
Statue: RCRA (which includes the Federal Facilities Compliance Act of 1992)
Citation: 42 USC 6961
National Security exemptions: Yes
Actor: President
Provision: The President may exempt from compliance with requirements imposed
under this act (substantive and procedural) executive department solid waste
management facilities when in the paramount interest of the U.S. The exemption is
limited in duration to 1 year and must be reported to Congress.
Statue: RCRA UST
Citation: 42 USC 6991 f(b)
National Security exemptions: Yes
Actor: President
Provision: The President may exempt any executive branch agency's USTs from
compliance with any requirement imposed under this section if the President
determines it to be in the paramount interest of the U.S. to do so. The exemption
must not exceed 1 year and must be reported to Congress. No procedures are in
place at DOD or DA to request either of the RCRA exemptions.
Statue: TSCA
Citation: 15 USC 2601
National Security exemptions: Yes
Actor: President
Provision: The EPA administrator must waive compliance with any provision of
TSCA upon a request and determination by the President that the requested waiver is
necessary in the interest of national defense. No procedure is in place to request at
either DOD or DA.
Appendix A
References
The Official Army Publications Web Sites.
US Army Publishing Agency
Administrative Departmental Publications and Forms
(ARs, Cirs, Pams, OFs, SFs, DD & DA Forms)
US Army Training and doctrine digital Library
Army Doctrinal and Training Publications (except engineering & medical)
(FMs, PBs, TCs & STPs)
US Army Logistics Support Activity
Army Technical and Equipment Publications (except engineering &
medical)
(TMs, TBs & SCs)
US Army Corps of Engineers
Army Engineering Publications (except administrative)
(TMs & FMs)
US Army Medical Department
Army Medical Publications (except administrative)
(TMs, FMs, and SB 8-75-Series Publications)
Army Knowledge Online (AKO)
All departmental publications, including distribution-restricted items
U.S. Army Home Page (AHP)
All unrestricted departmental publications
Publication Section I
Required Publications
AR 200-1. Environmental Protection and Enhancement. (Cited in
paras 1-1 , 1-4 , 2-1 , 2-3 , 3-1 , 3-3 , 4-1 , 4-5 , 4-8 , 5-1 , 5-2 , 5-3 , 5-4
, 5-9 , 6-1 , 6-2 , 7-1 , 7-2 , 9-1 , 10-1 , 10-2 , 11-1 , 11-12 , 11-14 , 12-1
, 13-1 , 13-3 , 13-5 , 15-1 , 15-5 , 15-6 , 15-9 , 15-13 , 15-17 , and 15-18
.)
Publication Section II
Related Publications
A related publication is merely a source of additional information. The user does
not have to read it to understand this publication. Note: Except as noted below,
Army regulations are available online from the USAPA Web site (
www.usapa.army.mil ) and at http://www.usace.army.mil/usace-docs . Other Web
sites where publications may be obtained are listed as follows: Code of Federal
Regulations (CFRs) and Public Laws (PLs), http://www.epa.gov or
http://www.access.gpo.gov/nara/ ; Executive Orders (EOs),
http://www.whitehouse.gov ; EPA documents, http://www.epa.gov; Engineering
Regulations (ERs), http://www.usace.army.mil/usace-docs or
http://www.hnd.usace.army.mil/techinfo ; Federal Registers (FRs),
http://www.access.gpo.gov/su_docs/aces/aces 140.html ; Final Governing
Standards (FGSs), http://www.denix.osd.mil (select public menu, subject areas,
international under final governing standards); Public Works Technical Bulletins,
http://www.hnd.usace.army.mil/techinfo/; Technical Bulletins,
http://www.logsa.army ; Technical Bulletins-Medical, http://chppmwww.apgea.army.mil/; Technical Manuals, http://www.usace.army.mil/usacedocs ; TRADOC PAMs, http://www-tradoc.army.mil; the U.S. Codes,
http://www.epa.gov or http://www4.law.cornell.edu/uscode/ ; and the U.S. Corps
of Engineers Guidance Specifications (http://www.usace.army.mil/usace-docs or
http://www.hnd.usace). MIL-STDs may be obtained from the Naval Publications
and Forms Center, 5801 Tabor Avenue, Philadelphia, PA 19120-5009. Copies of
CFRs and Federal Registers may also be purchased from the Superintendent of
Documents, Government Printing Office, Washington, DC 20402.
ANSI S12.4-1986. American National Standard Method for the
Assessment of High-Energy Impulsive Sound with Respect to
Residential Communities ( http://www.ansi.org )
ANSI S12.40-1990. American National Standard Sound Level
Descriptors for Determination of Compatible Land Use (
http://www.ansi.org )
AR 5-4. Department of the Army Productivity Improvement
Program (DAMRIP)
AR 10-5. Organization and Functions, Headquarters, Department of
the Army
AR 11-9. The Army Radiation Safety Program
AR 11-27. Army Energy Program
AR 25-55 (formerly AR 340-17). The Department of the Army
Freedom of Information Act Program
AR 25-400-2. The Modern Army Record Keeping System (MARKS)
AR 40-5. Preventive Medicine
AR 40-7. Use of Investigational Drugs and Devices in Humans and
the Use of Schedule I Controlled Drug Substances
AR 40-13. Medical Support-Nuclear/Chemical Accidents and
Incidents
AR 40-61. Medical Logistics Policies and Procedures
AR 50-5. Nuclear and Chemical Weapons and Material-Nuclear
Surety
AR 50-6. Nuclear and Chemical Weapons and Materiel, Chemical
Surety
AR 55-228. Transportation by Water of Explosives and Hazardous
Cargo
AR 56-9. Watercraft
AR 58-1. Management, Acquisition, and Administrative Use of
Motor Vehicles
AR 70-1. Army Acquisition Policy
AR 70-65. Management of Controlled Substances, Ethyl Alcohol,
and Hazardous Biological Substances in Army Research,
Development, Test, and Evaluation Facilities
AR 75-1. Malfunctions Involving Ammunition and Explosives
AR 75-14. Interservice Responsibilities for Explosive Ordnance
Disposal
AR 75-15. Responsibilities and Procedures for Explosive Ordnance
Disposal
AR 95-1. Flight Regulations
AR 135-200. Active Duty for Missions, Projects, and Training for
Reserve Component Soldiers
AR 190-51. Security of Unclassified Army Property (Sensitive and
Nonsensitive)
AR 200-2. Environmental Effects of Army Actions
AR 200-3. Natural Resources-Land, Forest, and Wildlife
Management
AR 200-4. Cultural Resources Management
AR 200-5. Pest Management
AR 210-14. The Army Installation Status Report Program
AR 210-20. Master Planning for Army Installations
AR 210-70. Intergovernmental Coordination of DOD Federal
Development Program and Activities
AR 350-1. Army Training
AR 350-4. Integrated Training Area Management (ITAM)
AR 360-1. The Army Public Affairs Program
AR 385-10. The Army Safety Program
AR 385-16. System Safety Engineering and Management
AR 385-40. Accident Reporting and Records
AR 385-64. U.S. Army Explosives Safety Program
AR 385-61. The Army Chemical Agent Safety Program
AR 50-7. Army Reactor Program
AR 405-10. Acquisition of Real Property and Interests Therein
AR 405-80. Management of Title and Granting Use of Real Property
AR 405-90. Disposal of Real Estate
AR 415-15. Army Military Construction Program Development and
Execution
AR 420-10. Management of Installation Directorates of Public
Works
AR 420-49. Utilities Services
AR 420-70. Buildings and Structures
AR 500-4. Military Assistance to Safety and Traffic (MAST)
AR 500-60. Disaster Relief
AR 690-950. Career Management
AR 700-68. Storage and Handling of Compressed Gases and
Liquids in Cylinders, and of Cylinders
AR 700-136. Tactical Land Based Water Resources Management in
Contingency Operations
AR 700-141. Hazardous Materials Information System (RCS DDFM&P (A,Q,&AR) 1486)
AR 700-143. Performance Oriented Packaging of Hazardous
Materials
AR 710-1. Centralized Inventory Management of the Army Supply
System
AR 710-2. Inventory Management Supply Policy Below the
Wholesale Level
AR 725-50. Requisitioning, Receipt, and Issue System
AR 740-32. Responsibilities for Technical Escort of Dangerous
Materials
AR 750-1. Army Materiel Maintenance Policy and Retail
Maintenance Operations
Army Pollution Prevention Plan Manual: A Guide for Army
Installations, 11 May 1993. Obtain from the Army Environmental
Policy Institute, Atlanta, Georgia ( http://www.aepi.army.mil ).
CEGS-02080. U.S. Corps of Engineers Guidance Specification, for
Military Construction
CEGS-02081. U.S. Corps of Engineers Guidance Specification,
Localized Repair and Maintenance Work Involving AsbestosContaining Material
CEGS-02082. U.S. Corps of Engineers Guidance Specification,
Independent Air Monitoring and Analysis during Abatement
Procedures of Asbestos-Containing Material
CEGS-02083. U.S. Corps of Engineers Guidance Specification,
Removal, and Disposal of Asbestos-Containing Materials Prior to
Demolition
CEGS-13281. Lead Hazard Control Activities
10 CFR 20. Nuclear Regulatory Commission Standards for
Protection Against Radiation
10 CFR 30. Rules of General Applicability of Domestic Licensing of
Byproduct Material
10 CFR 40. Domestic Licensing of Source Material
10 CFR 61. Licensing Requirements for Land Disposal of
Radioactive Wastes
10 CFR 62. Criteria and Procedures for Emergency Access to NonFederal and Regional Low-Level Waste Disposal Facilities
10 CFR 70. Domestic Licensing of Special Nuclear Material
24 CFR 51. Department of Housing and Urban Development
Environmental Criteria and Standards
29 CFR 1910. Occupational Safety and Health Standards
29 CFR 1910.120. OSHA Hazardous Waste Operations
29 CFR 1910.1200. OSHA Regulation on Hazard Communication
(Worker Right-to-Know)
32 CFR 60. National Register of Historic Places
32 CFR 229. Archeological Resources Protection Act of 1979: Final
Uniform Regulations
33 CFR 153-157. Coast Guard Regulations on Oil Spills (includes
Pollution Control, Oil Transfer Facilities, Vessel Design, Oil
Transfer Operations, and Vessels Carrying Oil in Domestic Trade )
33 CFR 209. Army Corps of Engineers Regulations on Navigable
Waters
33 CFR 320-330. Clean Water Act Nationwide Permit Programs
36 CFR 79. Curation of Federally-Owned and Administered
Archaeological Collections
36 CFR 800.12. National Historic Preservation Act Regulations
40 CFR, subchapter C. U.S. Environmental Protection Agency Air
Programs
40 CFR 51. Requirements for Preparation, Adoption, and Submittal
of Implementation Plans, Appendix -Emission Offset Interpretative
Ruling
40 CFR 52.21. Regulations on Prevention of Significant
Deterioration of Air Quality
40 CFR 60. Standards of Performance for New Stationary Sources
40 CFR 61. National Emission Standards for Hazardous Air
Pollutants
40 CFR 70. State Operating Permit Programs
40 CFR 81. Designation of Areas for Air Quality Planning Purposes
40 CFR 82. Protection of Stratospheric Ozone
40 CFR 93. Determining Conformity of Federal Actions to State or
Federal Implementation Plans
40 CFR 109. Criteria for State, Local, and Regional Oil Removal
Contingency Plans
40 CFR 110. Discharge of Oil
40 CFR 112. Oil Pollution Prevention
40 CFR 116. Designation of Hazardous Substances
40 CFR 117. Determination of Reportable Quantities for Hazardous
Substances
40 CFR 122. EPA Administered Permit Programs: National
Pollutant Discharge Elimination System
40 CFR 124. Procedures for Decisionmaking
40 CFR 129. Toxic Pollutant Effluent Standards
40 CFR 141. National Primary Drinking Water Regulations
40 CFR 143. National Secondary Drinking Water Regulations
40 CFR 165. Regulations for the Acceptance of Certain Pesticides
and Recommended Procedures for the Disposal and Storage of
Pesticides and Pesticides Containers
40 CFR 170. Worker Protection Standard
40 CFR 171. Certification of Pesticide Applicators
40 CFR 202. Motor Carriers Engaged in Interstate Commerce
40 CFR 204. Noise Emission Standards for Construction
Equipment
40 CFR 205. Transportation Equipment Noise Emission Controls
40 CFR 225. Corps of Engineers Dredged Material Permits
40 CFR 230 through 233. Wetland Permits
40 CFR 240 and 241. Guidelines for the Thermal Processing of
Solid Wastes and for the Land Disposal of Solid Wastes
40 CFR 243. Guidelines for the Storage and Collection of
Residential, Commercial, and Institutional Solid Waste
40 CFR 245. Guidelines for Resource Recovery Facilities
40 CFR 246. Source Separation for Materials Recovery Guidelines
40 CFR 257. Criteria for Classification of Solid Waste Disposal
Facilities and Practices
40 CFR 258. Criteria for Municipal Solid Waste Landfills
40 CFR 260. Hazardous Waste Management System: General
40 CFR 261. Identification and Listing of Hazardous Waste
40 CFR 262. Standards Applicable to Generators of Hazardous
Waste
40 CFR 264 and 265. Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal Facilities
40 CFR 268. Land Disposal Restrictions
40 CFR 280. Technical Standards and Corrective Action
Requirements for Owners and Operators of Underground Storage
Tanks
40 CFR 300. National Oil and Hazardous Substances Pollution
Contingency Plan
40 CFR 302. Designation, Reportable Quantities, and Notification
40 CFR 355. Emergency Planning and Notification
40 CFR 370. Hazardous Chemical Reporting: Community Right-toKnow
40 CFR 372. Toxic Chemical Release Reporting: Community Rightto-Know
40 CFR 373. Reporting Hazardous Substance Activity When Selling
or Transferring Federal Real Property
40 CFR 400. Clean Water Act
40 CFR 503. Standards for the Use or Disposal of Sewage Sludge
40 CFR 700. General: Toxic Substances Control Act
40 CFR 745. Lead-Based Paint Poisoning Prevention in Certain
Residential Structures
40 CFR 761. Polychlorinated Biphenyls (PCBs) Manufacturing,
Processing, Distribution in Commerce, and Use Prohibitions
40 CFR 763. Asbestos
40 CFR 1500. Council on Environmental Quality, Purpose, Policy,
and Mandate
40 CFR 1506. Other Requirements of NEPA
48 CFR 6. Federal Acquisition Regulations System Competition
Requirements
49 CFR 171. Hazardous Materials Regulation: General Information,
Regulations, and Definitions
49 CFR 172. Hazardous Materials Tables and Hazardous Materials
Communications Regulations
49 CFR 173. Shippers General Requirements for Shipment and
Packaging
49 CFR 174. Carriage by Rail
49 CFR 175. Carriage by Aircraft
49 CFR 176. Carriage by Vessel
49 CFR 177. Carriage by Public Highway
49 CFR 178. Shipping Container Specifications
Committee on Hearing, Bioacoustics, and Biomechanics (WG84).
Assessment of Community Response to High Energy Impulse
Sounds, National Research Council, 1981 ( http://www.nas.edu .)
DA PAM 40-8. Occupational Health Guidelines for the Evaluation
and Control of Occupational Exposure to Nerve Agents GA, GB,
GD, and VX
DA PAM 40-501. Hearing Conservation Program
DA PAM 50-6. Chemical Accident or Incident Response and
Assistance (CAIRA) Operations
DA PAM 70-3. Army Acquisition Procedures
DA PAM 200-4. Cultural Resources Management
DA PAM 385-64. Ammunition and Explosives Safety Standards
DA PAM 710-2-1. Using Unit Supply System (Manual Procedures)
DA PAM 710-2-2. Supply Support Activity Supply System: Manual
Procedures
DERP-FUDS Program Manual. ( http://www.dtic.mil/envirodod )
DFAS-IN Regulation 37. Finance and Accounting Policy
Implementation ( http://www.asafm.army.mil )
Doctrinal White Paper. Integrating U.S. Army Environmental
Strategy into Operational Doctrine, TRADOC, May 1996(http://wwwtradoc.army.mil)
DOD 4140.27-M. Shelf Life Management Manual
(http://web7.whs.osd.mil/dodiss/publications/pub2.htm)
DOD 4150.7-M. DOD Pest Management Training and Certification
(http://web7.whs.osd.mil/dodiss/publications/pub2.htm)
DOD 4150.7-P. DOD Plan for the Certification of Pesticide
Applicators
(http://web7.whs.osd.mil/dodiss/publications/pub2.htm)
DOD 4160.21-M. Defense Reutilization and Marketing Manual
(http://web7.whs.osd.mil/dodiss/publications/pub2.htm)
DOD 4500.9-R. Defense Transportation Regulation, Part II Cargo
Movement ( http://web7.whs.osd.mil/dodiss/publications/pub2.htm
)
DOD 5000.1. Defense Acquisition (
http://web7.whs.osd.mil/corres.htm )
DOD 5000.2-R. Mandatory Procedures for Major Defense
Acquisition and Major Automated Information Systems
(http://web7.whs.osd.mil/corres.htm)
DOD 6055.9-STD. DOD Ammunition and Explosives Safety
Standards (http://web7.whs.osd.mil/dodiss/publications/pub2.htm)
DOD. Base Realignment and Closure (BRAC) Cleanup Plan
Guidebook, Appendix ( http://www.dtic.mil/envirodod/brac )
DOD. BCP Guide Book, 1996 ( http://www.dtic.mil/envirodod/brac )
DOD. Defense Environmental Restoration Program (DERP)
Management Guidance ( http://www.dtic.mil/envirodod )
DOD. Defense FAR Supplement, parts 252.223-7002 (a)(1) and
(2)(i)(iii)(v)(vi), "Material Safety Data Sheets: Hazard Materials
Identification and Material Safety Data" (
http://www.asafm.army.mil )
DOD. Tools Catalog ( http://www.hnd.usace.army.mil/earc )
DOD. DERP-Formerly Used Defense Sites (FUDS) Charter (
http://www.dtic.mil/envirodod )
DOD. Installation Restoration Guidance and Procedures Manual (
http://www.dtic.mil/envirodod )
DOD. Military Munitions Rule Implementation Guidance, 1 July
1998 ( http://www.denix.osd.mil )
DOD. Relative Risk Site Evaluation Primer, Summer 1997 (
http://www.dtic.mil/envirodod )
DOD. Revised Implementation Guidance for EO 12856 , 13 April
1995 ( http://www.denix.osd.mil , select public menu, DUSD(ES)
Programs, Pollution Prevention)
DODI 4150.7. DOD Pest Management Program
(http://web7.whs.osd.mil/dodiss/instructions/ins2.html)
DODI 4715.4. Pollution Prevention
(http://web7.whs.osd.mil/dodiss/instructions/ins2.html)
DODI 4715.5. Management of Environmental Compliance at
Overseas Installations
(http://web7.whs.osd.mil/dodiss/instructions/ins2.html)
DODI 4715.6. Environmental Compliance (
http://web7.whs.osd.mil/dodiss/instructions/ins2.html )
DODI 4715.8. Environmental Remediation for DOD Activities
Overseas ( http://web7.whs.osd.mil/dodiss/instructions/ins2.html )
DODI 6050.5. DOD Hazard Communication Program
(http://web7.whs.osd.mil/dodiss/instructions/ins2.html)
DODI 6055.1. DOD Occupational Safety and Health (SOH) Program
( http://web7.whs.osd.mil/dodiss/instructions/ins2.html )
EC 11-2-172. Annual Program Budget Request of Civil Works
Activities ( http://www.usace.army.mil/usace-docs )
EO 11514. Protection and Enhancement of Environmental Quality
EO 11988. Floodplain Management
EO 12088. Federal Compliance with Pollution Control Standards
EO 12114. Environmental Effects Abroad of Major Federal Actions
EO 12580. Superfund Implementation
EO 12843. Procurement Requirements and Policies for Federal
Agencies for Ozone Depleting Substances
EO 12844. Federal Use of Alternatively Fuel Vehicles
EO 12856. Federal Compliance with Right-to-Know Laws and
Pollution Prevention Requirements
EO 12902. Energy Efficiency and Water Conservation at Federal
Facilities
EO 13007. Indian Sacred Sites
EO 13031. Federal Alternative Fueled Vehicle Leadership
EO 13101. Greening the Government through Waste Prevention,
Recycling, and Federal Acquisition
EP 200-2-3. Environmental Compliance Guidance and Procedures (
http://www.usace.army.mil/usace-docs )
EPA. EPA Guidance to Hazardous Waste Generators on the
Elements of a Waste Minimization Program, 58 FR 31114, 28 May
1993
EPA. Federal Facility Pollution Prevention Guide, December 1994
EPA. Pollution Prevention in the Federal Government: Guide for
Developing Pollution Prevention Strategies for Executive Order
12856 and Beyond, April 1994
EPA. Toxic Chemical Release Inventory Reporting Form R and
Instructions, Revised 1999 Version, February 2000
EPA Document No. EPA-86-004. A Citizen's Guide to Radon-What It
Is and What To Do About It
EPA Document No. EPA-87-009. Radon Reduction-An Interim
Guide
EPA Document No. EPA-87-010. Radon Reduction Methods-A
Homeowner's Guide
EPA Document No. EPA/340/1-90-018. Asbestos/NESHAP
Regulated Asbestos Containing Materials Guidance
EPA Document No. EPA/402-K-92-001. A Citizen's Guide to Radon
EPA Document No. EPA/402-K-92-003. Consumer's Guide to Radon
EPA Document No. EPA/402-K-93-008. A Physician's Guide to
Radon
EPA Document No. EPA/402-R-93-003. Home Buyer's and Seller's
Guide to Radon
EPA Document No. EPA/402-R-93-078. Radon Mitigation
Standards, Revised, April 1994
EPA Document No. EPA/402-R-94-009. Model Standards and
Techniques for Control of Radon in New Residential Buildings
EPA Document No. EPA/520/1-87-20. Radon Reference Manual
EPA Document No. EPA/520/1-89-027. Reducing Radon Risks
EPA Document No. EPA/530-R-95-023. Decision-Maker's Guide to
Solid Waste Management, Volume II
EPA Document No. EPA 530-R-96-007. Resource Conservation and
Recovery Act (RCRA) Public Involvement Manual
EPA Document No. EPA/550/9-74-004. Information on Levels of
Environmental Noise Requisite to Protect Public Health and
Welfare with an Adequate Margin of Safety
EPA Document No. EPA/560/OPTS-86-001. A Guide to Respiratory
Protection for the Asbestos Abatement Industry
EPA Document No. EPA/560/5-85-018. Asbestos in BuildingsGuidance for Service and Maintenance Personnel
EPA Document No. EPA/560/5-85-024. Guidance for Controlling
Asbestos-Containing Materials in Buildings
EPA Document No. EPA/600/4-85-049. Measuring Airborne
Asbestos Following an Abatement Action
EPA Document No. EPA/600/9-79-045. NPDES Best Management
Practices Guidance Document
EPA Document No. EPA/625/5-87/019. Radon Reduction
Techniques for Detached Houses-Technical Guidance, 2nd edition,
revised January 1988
ER 200-2-2. Procedures for Implementing NEPA
ER 200-2-3. Environmental Compliance Policies
ER 1130-2-540. Environmental Stewardship Operations and
Maintenance Policies
Federal Interagency Committee on Aviation Noise Annual Report,
1997. ( http://www.fican.org )
Federal Interagency Committee on Noise Reports, Federal Agency
Review of Selected Airport Noise Analysis Issues, 1992.
(http://www.fican.org)
Field Manual 21-10. Field Hygiene and Sanitation (
http://www.adtdl.army.mil )
FGS for Belgium. FGS for Belgium, March 1996, USAREUR
FGS for Germany. FGS for Germany, March 1996, USAREUR
FGS for Japan. FGS for Japan, January 1992, USFJ
FGS for Netherlands. FGS for Netherlands, March 1996, USAREUR
FGS for Panama. FGS for Panama, August 1993, USARSO
58 FR 31114. Waste Minimization Program, 28 May 1993
60 FR 21386. Recovered Materials Advisory Notice and
Comprehensive Guideline for the Procurement of Products
Containing Recovered Materials, 1 May 1995
61 FR 28642. The National Response Team's Integrated
Contingency Plan Guidance, 5 June 1996
62 FR 219. Recovered Materials Advisory Notice II and
Comprehensive Guideline for the Procurement of Products
Containing Recovered Materials, 13 November 1997
63 FR 165. Recovered Materials Advisory Notice III and
Comprehensive Guideline for the Procurement of Products
Containing Recovered Materials; Proposed Rule, 26 August 1998
Guide to Preparing Ozone-Depleting Chemical Elimination Plans
for Installations, 14 January 1999. Obtain from the Army
Acquisition Pollution Prevention Support Office (
http://www.aappso.com ).
IEC Publication 804. Integrating-Averaging Sound Level Meters.
(This publication may be obtained from the American National
Standard Institute, 1430 Broadway, New York City, NY 10018.)
Installation Restoration Program Guidance Manual. (
http://www.denix.osd.mil , select public menu, component policy)
Integrated Training Area Management (ITAM) Program Strategy, 17
August 1995. Obtain from the HQDA Office of the Deputy Chief of
Staff for Operations and Plans, Training Simulations Division
(DAMO-TRS), Washington, D.C., 20310-0400 ( http://www.armyitam.com ).
Joint Chief Staff Publication 4-04. Obtain from the Joint Doctrine
for Civil Engineering Support ( http://www.dtic.mil/doctrine , select
Joint Electronic Library).
MIL-STD 129. Marking for Shipment and Storage, 15 June 1993
MIL-STD 313B. MSDS, Preparation and Submission of
MIL-STD 1474(B)(MI). Noise Limits for Army Material
Mission Area Pollution Prevention Guide, 10 December 1993.
Obtain from the Army Environmental Policy Institute, Atlanta,
Georgia ( http://www.aepi.army.mil ).
OMB Circular A-95. Evaluation, Review, and Coordination of
Federal and Federally Assisted Programs and Projects. (This
publication may be obtained from the Office of Management and
Budget, Office of Economic Policy, Room 2200, 725 17th Street,
N.W., Washington, DC 20503-0001.)
Overseas Environmental Baseline Guidance Document. (
http://www.denix.osd.mil , select public menu, library,
international)
Policy and Guidance for Identifying U.S. Army Environmental
Program Requirements and subsequent amendments. Obtain from
the Army Headquarters (DAIM-ED) ( http://www.aec.army.mil ).
PL 88-206. Clean Air Act of 1977
PL 91-190. National Environmental Policy Act
PL 92-574. Noise Control Act of 1972
PL 92-609. The Quiet Communities Act of 1978
PL 95-217. Clean Water Act (CWA) of 1977
PL 99-240. Low Level Radioactive Waste Policy Act of 1980 as
amended by the Low Level Radioactive Waste Policy Amendments
of 1985 (U.S.C. 2021d)
PL 99-499. Emergency Planning and Community Right-to-Know
Act of 1986 (EPCRA)
PL 100-526. Base Realignment and Closure Act (BRAC) of 1988
PL 100-572. Lead Contamination Control Act (LCCA) of 1988
PL 101-510. Defense Base and Realignment Closure Act of 1990
PL 101-549. Clean Air Act Amendments of 1990
PL 101-637. Asbestos School Hazard Abatement Reauthorization
Act
PL 102-426. Community Environmental Response Facilitation Act
(CERFA)
PL 102-484. National Defense Authorization Act
PL 102-486. Energy Policy Act of 1992
PL 102-550. Residential Lead-based Paint Hazard Reduction Act of
1992
PWTB 420-46-08. Biosolids Management
PWTB 420-47-03. Integrated Solid Waste Management
PWTB 420-47-04. Solid Waste Operations
PWTB 420-47-05. Source Reduction Planning
PWTB 420-47-06. Waste Reduction for Food Service Personnel at
Army Installations
PWTB 420-47-07. Office Waste Reduction Methods at Army
Installations
PWTB 420-49-07. Solid Waste Options
PWTB 420-70-2. Installation Lead Hazard Management
PWTB 420-70-8. Installation Asbestos Program Management
TB 43-0244. Unit Level Procedures for Handling Service Supplies,
Hazardous Material, and Waste
TB 420-47-04. Solid Waste Options
TB MED 525. Control of Hazards to Health from Ionizing Radiation
Used by the Army Medical Department
TB MED 575. Swimming Pools and Bathing Facilities
TB MED 576. Sanitary Control and Surveillance of Water Supplies
at Fixed Installations
TB MED 577. Sanitary Control and Surveillance of Field Water
Supplies
TI 810-9I. Indoor Radon Prevention and Mitigation (
http://www.usace.army.mil/usace-docs )
TM 3-261. Handling and Disposal of Unwanted Radioactive Material
TM 5-634. Solid Waste Management
TM 5-660. Maintenance and Operation of Water Supply Treatment
and Distribution Systems
TM 5-662. Swimming Pools Operation and Maintenance
TM 5-665. Operation and Maintenance of Domestic and Industrial
Wastewater Systems
TM 5-803-2. Planning in the Noise Environment
TM 5-813 Series. Water Supply, Source, Treatment and Distribution
TM 5-814 Series. Domestic Water Collection and Treatment
TM 9-1300-206. Ammunition and Explosive Standards
TM 38-250. Preparation of HM for Military Air Shipments
TM 38-410. Storage and Handling of HMs
TM 55-315. Transportation Guidance for Safe Transport of
Radioactive Materials
TRADOC PAM 25-33. Army Training Glossary
TRADOC PAM 351-13. Systems Approach to Training-Analysis
TRADOC Reg 350-7. Systems Approach to Training
TRADOC Reg 351-1. Training Requirements Analysis System
USACERL IR N-10. User Manual: Interim Procedure for Planning
Rotary Wing Aircraft Traffic Patterns and Siting Noise Sensitive
Land Uses (USACER [USACERL]). (Available under AD No.
A031450 from Technical Information Service (NTIS), Springfield,
VA 22151.)
USACERL IR N-61. Predicting the Noise Impact in the Vicinity of
Small-Arms ranges, Construction Engineering Research
Laboratory (USACERL, October 1978). (Available under AD No.
A062718 from NTIS, Springfield, VA 22151.)
USACERL TR-E-17. Predicting Community Response to Blast
Noise (USACERL, December 1973). (Available under AD No. 773690
from NTIS, Springfield, VA 22151.)
USACERL TR-N-30. Environmental Noise Impact Analysis for Army
Military Activities: User Manual (USACERL, November 1977).
(Available under AD No. A047969, NTIS, Springfield, VA 22151.)
USACERL TR-N-60. Acoustic Directive Patterns for Army
Weapons: Supplement 2 (USACERL, 1984). (Available under AD
No. ADA 145643, NTIS, Springfield, VA 22151.)
USACERL TR-N-82. Compilation of Operational Blast Noise Data
(USACERL, January 1980). (Available under AD No. A080429 from
NTIS, Springfield, VA 22151.)
USACERL TR-N-184. Rotary-Wing Aircraft Noise Measurements:
Analysis of Variations and Proposed Measurement Standard
(USACERL, 1984). (Available under AD No. A 146207 from NTIS,
Springfield, VA 22151.)
USACHPPM. Environmental Noise Management, An Orientation
Handbook for Army Facilities (http://chppmwww.apgea.army.mil/enp)
USACHPPM. Interim Final Report, Lead-Based Paint Contaminated
Debris Characterization Study #37-26JK4492. (This publication
may be obtained from Commander, USACHPPM, 5158 Blackhawk
Road, Aberdeen Proving Ground, MD 21010-5403.)
USACHPPM. Air Pollution Emission Inventory Protocol for Army
Installations and Activities, 19 May 1993 (http://chppmwww.apgea.army.mil/air)
USACHPPM. Technical Compliance Guidance for Clean Air Act
Section 112(r), Risk Management Plan Program, March 1997
(http://chppm-www.apgea.army.mil/air)
USACHPPM. Title V Permit Assistance Guide for Army
Installations, July 1994 (http://chppm-www.apgea.army.mil/air)
USACHPPM. Water Quality Information Paper No. 12, Preparation
of SPCCPs (http://chppm-www.apgea.army.mil/dwater)
USACHPPM. Water Quality Information Paper #32-024, Disposal
Options and Procedures for Wastes Generated by Reverse
Osmosis Water Purification Units (ROWPUS), October 1994
(http://chppm-www.apgea.army.mil/dwater)
USACHPPM TG-179. Guidance for Providing Safe Drinking Water at
Army Installations (http://chppm-www.apgea.army.mil/dwater)
USACHPPM TG-190. Managing Occupational Exposure to
Bloodborne Pathogens. (This publication may be obtained from
Commander, USACHPPM, 5158 Blackhawk Road, Aberdeen
Proving Ground, MD 21010-5403.)
USACHPPM TG-197. Developing an Integrated Solid Waste
Management Plan, A Guide for Army Installations. (This
publication may be obtained from Commander, USACHPPM, 5158
Blackhawk Road, Aberdeen Proving Ground, MD 21010-5403.)
USAEC. Model Pollution Prevention Plan, February 1995 (
http://www.aec.army.mil )
USAEC. Regulatory Guidance for Fuel Tanker Trucks at Army
Facilities, October 2000 ( http://www.aec.army.mil )
USAES. Training Circular (TC) 5-400, Unit Leader's Guide to
Environmental Stewardship. (This publication may be obtained
from the Commandant, U.S. Army Engineer School, ATTN: ATSE-TTIL, Ft. Leonard Wood, MO 65473-5000.)
USAES. TVT 5-129, Unit Environmental Sustainment Training. (This
publication may be obtained from the Commandant, U.S. Army
Engineer School, ATTN: ATSE-T-TIL, Ft. Leonard Wood, MO 654735000.)
3 USC, 10 USC, 18 USC, and 30 USC (scattered sections). Military
Construction Authorization Act FY 1975
7 USC 136. Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA)
10 USC 160. Notice of Environmental Restoration Activities
10 USC 2692. Storage and Disposal of Non-Defense Toxic and
Hazardous Materials
10 USC 2701-2708. Environmental Restoration
15 USC 2601. Toxic Substances Control Act
15 USC 2615. Toxic Substances Control Act
15 USC 2621. Toxic Substances Control Act
15 USC 2661. Indoor Radon Abatement
15 USC 2681-2692. Control of Toxic Substances
16 USC 470 aa-11. Archeological Resources Protection Act of 1979
16 USC 1401 et seq.. Marine Protection, Research, and Sanctuaries
Act (MPRSA) of 1972, as amended (Ocean Dumping)
16 USC 1456(c)(1)(B). Coastal Zone Management Act
16 USC 1536(j). Endangered Species Act
16 USC 1540. Endangered Species Act
31 USC 1341. Anti-Deficiency Act
33 USC 401. Rivers and Harbors Act of 1889
33 USC 1319. Navigable Waters Pollution of Sea by Oil
33 USC 1323. Federal Water Pollution Control Act
33 USC 1401. Marine Protection, Research, and Sanctuaries Act
(MPRSA)
33 USC 2703. Oil Pollution Act
33 USC 2761. Oil Pollution Act of 1990
40 USC 484. Federal Property and Administrative Services Act of
1949
42 USC 300. Safe Drinking Water Act
42 USC 1441. Clean Water Act
42 USC 2011 et seq.. Atomic Energy Act
42 USC 4821-4856. Lead Paint Poisoning Prevention Act of 1976
42 USC 4903. Noise Control Act
42 USC 6901-6922. Solid Waste Disposal Act (RCRA)
42 USC 6928. RCRA, Federal Enforcement
42 USC 6961. Resource Conservation and Recovery Act, which
includes the Federal Facilities Compliance Act of 1992
42 USC 6991. Regulation of Underground Storage Tanks
42 USC 7418, 7588, 7606, 7671. Clean Air Act
42 USC 9601 et seq.. Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (CERCLA,
Superfund)
42 USC 9603. CERCLA: Notification Requirements Respecting
Released Substances
42 USC 9613. CERCLA, Civil Proceedings
42 USC 9617. CERCLA, Community Relations and Public
Participation
42 USC 9620. CERCLA, Application to Federal Facilities
49 USC (scattered sections). Aviation Safety and Noise Abatement
Act of 1979
49 USC 5101-5127. Hazardous Material Transportation Act
50 USC 1511-1521. Chemical and Biological Warfare Program
USFK Pam 200-1 Environmental Governing Standards, 15 Jul. 97. (
www.denix.osd.mil (select public menu, subject areas,
international, under final governing standards.))
Publication Section III
Prescribed Forms
This section contains no entries.
Publication Section IV
Referenced Forms
The following forms are available from the OSD Web site (
http://web1.whs.osd.mil/icdhome/icdhome.htm ):
DD Form 1391. Military Construction Project Data ( PDF ) (
FormFlow )
DD Form 1556. Request, Authorization, Agreement, Certification of
Training and Reimbursement ( PDF ) ( FormFlow )
Appendix B
Points of Contact
B-1. Introduction
This appendix lists addresses and Web sites for points of contact and automated
environmental systems.
B-2. Informational Addresses and Web sites
a. U.S. Army Office of the Director of Environmental Programs (ODEP),
ATTN: DAIM-ED, 600 Army Pentagon, Washington, DC 20310-0600 (
http://www.hqda.army.mil/acsimweb/env/ ).
(1) ODEP, Compliance-ATTN: DAIM-ED-C.
(2) ODEP, Conservation-ATTN: DAIM-ED-N.
(3) ODEP, Foundation-ATTN: DAIM-ED-F.
(4) ODEP, Munitions-ATTN: DAIM-ED-M.
(5) ODEP, P2-ATTN: DAIM-ED-P.
(6) ODEP, Restoration-ATTN: DAIM-ED-R.
b. ACSIM Facilities and Housing Directorate, Facilities Policy Division, ATTN:
DAIM-FDF-E, 7701 Telegraph Road, Alexandria, VA 22315-3800 (
http://www.hqda.army.mil/acsimweb/fd/policy/default.htm ).
c. U.S. Army Base Realignment and Closure Office, ATTN: DAIM-BO, 600
Army Pentagon,Washington, DC 20310-0600 (
http://www.hqda.army.mil/acsimweb/brac/braco.htm ).
d. U.S. Army Environmental Center (USAEC), ATTN: SFIM-AEC-CO, 5179
Hoadley Road, Aberdeen Proving Ground, MD 21010-5401 (
http://www.aec.army.mil ).
(1) USAEC, Compliance - ATTN: SFIM-AEC-NR.
(2) USAEC, Conservation - ATTN: SFIM-AEC-EQN.
(3) USAEC, Environmental Quality - ATTN: SFIM-AEC-EQ, BLDG E4435.
(4) USAEC, P2 - ATTN: SFIM-AEC-ET.
(5) USAEC, Restoration - ATTN: SFIM-AEC-ER, BLDG E4480.
(6) USAEC, Special Programs-ATTN: SFIM-AEC-EQS.
e. U.S. Army Corps of Engineers, Environmental Division, ATTN: CEMP-R,
HQ USACE, 441 G Street, NW, Washington, DC 20314-1000 (
http://www.usace.army.mil/ ).
f. U.S. Army Corps of Engineers Installation Support Center, CEISC (formerly
USCPW), 7701 Telegraph Road, Alexandria, VA 22315-3862 (
http://www.usacpw.belvoir.army.mil /).
g. U.S. Army Corps of Engineers, Hazardous, Toxic, and Radioactive Waste
(HTRW) Center of Expertise, CENWO-HX, 12565 W. Center Rd., Omaha, NE
68144 ( http://www.nwo.usace.army.mil ).
h. U.S. Army Corps of Engineers, Engineering and Construction Division,
ATTN: CECW-E, 441 G Street, NW, Washington, DC 20314-1000 (
http://www.hq.usace.army.mil/cemp/e/cemp-e.htm ).
i. U.S. Army Center for Health Promotion & Preventive Medicine
(USACHPPM), 5158 Blackhawk Road, Aberdeen Proving Ground, MD 210105403 (http://chppm-www.apgea.army.mil/).
(1) Air Program-ATTN: MCHB-TS-EA.
(2) Environmental Noise-ATTN: MCHB-TS-EEN.
(3) Ground Water and Solid Waste-ATTN: MCHB-TS-EGW.
(4) Hazardous and Medical Waste-ATTN: MCHB-TS-EHM.
(5) Industrial and Environmental Health Physics-ATTN: MCHB-TS-OIP.
(6) Industrial Hygiene-ATTN: MCHB-TS-OIM.
(7) Military Item Disposal Instruction (MIDI)-ATTN: MCHB-TS-EHM.
(8) Surface Water and Wastewater-ATTN: MCHB-TS-ESW.
(9) Water Supply Management-ATTN: MCHB-TS-EWS.
j. U.S. Army Materiel Command Installations and Services Activity (USAMCISA), Environmental Division, ATTN: AMXIS-U, 1 Rock Island Arsenal, Rock
Island, IL 61299-7190 (http://ri-app-nt2.ria.army.mil/isa/).
k. U.S. Army Environmental Awareness Resource Center, ATTN: CEHR-PET, P.O. Box 1600, Huntsville, AL 35807-4301 (
http://www.hnd.usace.army.mil/earc /).
l. U. S. Army Operations Support Command, Radioactive Waste Disposal
Division, ATTN: AMSOS-SF, 1 Rock Island Arsenal, Rock Island, IL 61299- 6000
(http://www.ioc.army.mil/dm/dmwweb/introold.htm).
m. U.S. Army Materiel Command (USAMC), Environmental Quality Division,
ATTN: AMCIS-A, 5001 Eisenhower Avenue, Alexandria, VA 22333-0001 (
http://www.amc.army.mil/amc/eng/a/ ).
n. U.S. Army Acquisition Pollution Prevention Support Office (AAPPSO),
Headquarters, U.S. Army Materiel Command, ATTN: AMCRDA-TE-E, 5001
Eisenhower Avenue, Room 8S40, Alexandria, VA 22333 (
http://www.aappso.com ).
o. U.S. Army Construction Engineering Research Laboratory (USACERL),
P.O. Box 9005, Champaign, Illinois 61826-9005 ( http://www.cecer.army.mil/ ).
p. Tank Automotive Research, Development and Engineering Center, 6501
Eleven Mile Road, Warren, MI 48397-5000 ( http://www.tacom.army.mil/tardec/ ).
q. National Defense Center for Environmental Excellence (
http://www.ndcee.ctc.com /).
r. U.S. Army Research Laboratory (ARL), ATTN: AMSRL-CS-EA-PA, 2800
Powder Mill Rd, Adelphi, MD 20783-1197 ( http://www.arl.army.mil ).
s. Natick Soldier Center (NSC) (formerly the Natick Research Development
and Engineering Center), Kansas Street, Natick, MA 01760 (
http://www.natick.army.mil/soldier/index.htm ).
t. U.S. Army Soldier and Biological Chemical Command (formerly the U.S.
Army Chemical and Biological Defense Command), Commander, 5183
Blackhawk Road Bldg. E5101, Aberdeen Proving Ground, MD 21010-5424 (
http://www.sbccom.army.mil/ ).
u. National Automotive Center, 6501 Eleven Mile Road, Warren, MI 483975000 ( http://www.tacom.army.mil/tardec/nac/ ).
v. U.S. Army Aviation and Missile Research, Development and Engineering
Center, Redstone Arsenal, AL 35898 ( http://www.redstone.army.mil/amrdec /).
w. U.S. Army Research Office, P.O. Box 12211, Research Triangle Park, NC
27709 ( http://www.aro.ncren.net/ ).
x. Defense Environmental Network & Information Exchange (DENIX) (
http://www.denix.osd.mil ).
y. Hazardous Technical Information Services (HTIS), Defense Supply Center
Richmond, DSCR-VBC/THIS, 8000 Jefferson Davis Highway, Richmond, VA
23297-5609 ( http://www.dscr.dla.mil/htis/htis.htm ).
z. The Surgeon General, Directorate of Health Services, ATTN: DASG-HS,
600 Army Pentagon, Washington, DC 20310-0600.
aa. Deputy Chief of Staff of Operations and Plans, ATTN: DAMO-NCC, 600
Army Pentagon, Washington, DC 20310-0600.
B-3. Assistance with Automated Environmental Management Systems
a. EPR.
(1) Environmental Data Management Support Center (EDMSC), Potomac
Research International, Inc., P.O. Box 14, Aberdeen Proving Ground, Edgewood
Area, MD 21010-5401 (software questions, requests for customized reports, and
manual and software updates).
(2) ODEP: ATTN: DAIM-ED (policy and technical questions).
(3) USAEC, Special Programs-ATTN: SFIM-AEC-EQS (policy and
technical questions and technical and functional assistance).
(4) U.S. Army Logistics Management College (ALMC) (
http://www.almc.army.mil / (software training)).
b. EQR.
(1) USAEC, Special Programs-ATTN: SFIM-AEC-EQS (functional
questions and training).
(2) Environmental Data Management Support Center (EDMSC) (technical
assistance on creating customized reports, obtain users manuals and software
requests, and how to submit data).
c. DENIX. Web site: http://www.denix.osd.mil .
d. DESERTS.
(1) USAEC, Restoration-ATTN: SFIM-AEC-ER, BLDG E-4480 (functional
questions).
(2) USAEC, Restoration-ATTN: SFIM-AEC-RMI (technical questions).
e. ECAS.
(1) ECAS Team: USAEC, Special Programs-ATTN: SFIM-AEC-EQS
(technical inquiries and information on field and data definitions and copies of
software, manuals, and other assessment tools).
(2) U.S. Army Logistics Management College (ALMC) (
http://www.almc.army.mil / (software training)).
f. ISR Environment.
(1) ODEP, Compliance-ATTN: DAIM-ED-C (policy and technical
questions).
(2) USAEC, Special Programs-ATTN: SFIM-AEC-EQS (policy and
technical questions).
(3) ISR Web site: http://isr.xservices.com (software, manuals, and standard
documents).
(4) U.S. Army Logistics Management College (ALMC) (
http://www.almc.army.mil / (software training)).
Appendix C
Hazardous Waste and Defense
Reutilization and Marketing Service
C-1. Introduction
This appendix guidance on issue resolution, requests for waivers, and mandatory
disposal standards.
C-2. Process to resolve issues between installations and DRMOs
a. Guidelines for installation-DRMO interactions. Putting effort into the
prevention of problems is time well spent and will help ensure good DRMO
performance. Earlier involvement of MACOMs, HQDA, DRMS zone managers,
and headquarters DRMS personnel can also alleviate many problems.
Installations should involve MACOMs as soon as problems surface and
MACOMs will determine when HQDA and headquarters DRMS should become
involved. Some ways to help ensure better service include the following:
(1) Establish and maintain regular communication with the DRMO. The
more accurate the installation needs are identified and described (especially in
the contract award phase), the better the service and the lower the disposal costs
through DRMS will be. Good communication with the DRMO helps ensure that
your HW management needs will be met.
(2) Include the DRMO in installation/activity environmental program
meetings such as the EQCC. View the DRMO as a team member in your waste
management program, not as an outsider.
(3) Know the DRMO's chain of command and use it to resolve your
problems. The DRMO's chain of command is usually as follows:
(a) Environmental protection specialist.
(b) Environmental branch chief.
(c) DRMO chief.
(d) DRMS zone manager.
(e) Headquarters, DRMS.
(4) Understand your DRMO contract and the contracting process.
b. Dispute resolution process. When local communication fails to resolve HW
issues, the installation needs another tool to quickly resolve these issues without
unnecessary red tape. This tool, or dispute resolution process, should minimize
conflict between the installation and the DRMO and ensure efficient removals of
HW.
(1) If problems with the DRMO service or disposal contract arise,
installations should first work with their DRMOs to resolve issues at the local
level. Installations should not attempt to resolve problems directly with the DRMS
HW disposal contractors. Instead, they should clearly state problems, in a written
e-mail or formal memorandum, to the DRMO staff (environmental protection
specialist and/or the contracting officer representative (COR)). Make sure that
the DRMO staff understands the installation needs and timelines.
(2) If the problem cannot be resolved through direct communication with
the DRMO staff, the installation should elevate the problem to the DRMO chief,
clearly stating the installation's need and documenting this communication in
writing. The DRMO chief should be given an opportunity to resolve the problem
with an agreed upon time frame. At this point, MACOM HW POCs should be
advised that the installation is attempting to resolve issues with the local DRMO
chief. If the problem has not been resolved in 7 days, HQDA should be informed
by the MACOM.
(3) If the dispute is not resolved through involvement of the DRMO chief,
within an agreed upon or reasonable time frame, the installation should
document the problem in a written Request for Dispute Resolution (letter or email). This should be forwarded to the DRMS Zone Manager with a copy to
DRMS Environmental Services (DRMS-LH). (Addresses are listed in appendix C
, para c(3) ). The Request for Dispute Resolution should also indicate what
actions have already been taken with the DRMO and suggest any further actions
that should be taken to correct the problem. The installation should provide a
copy of the Request for Dispute Resolution to the MACOM HW POC and discuss
the issues with them.
(4) If the problem is not resolved through involvement of the zone
managers and/or DRMS-LH staff, the installation should elevate the problem to
their MACOM (again, by letter or e-mail) with a copy to DRMS-LH. MACOMs
may propose solutions to the installation or may directly contact DRMS-LH to
schedule a conference call with the involved parties. The Army Environmental
Center (USAEC) and HQDA HW POCs should be informed and included in the
conference call. Prior to a conference call, the MACOM should forward a list of
issues to DRMS-LH so that they can include the personnel who are best able to
make needed corrections (that is, the DRMS zone manager and/or appropriate
experts within DRMS). The conference call should be conducted with an agenda,
agreed upon rules of conduct, and a clear definition of the desired outcome so
that all may be prepared to discuss the issues and develop solutions. The call
should be concluded with clear statements of agreed upon actions, timelines,
and agreements.
(5) If the dispute is not resolved through the above actions, the MACOM
should forward the Request for Dispute Resolution to the HQDA HW POC. The
correspondence should include the list of issues, information on actions taken to
resolve the problem, names of the MACOM and installation POCs, and any
critical dates. The HQDA HW POC will work with USAEC, the MACOM, the
installation, DLA, and DRMS-LH to find an acceptable solution to the problem.
(6) Installations and MACOMs must use this process prior to requesting an
exemption from the AR 200-1 requirement for use of DRMS for HW disposal.
c. Points of contact.
(1) HQDA. Headquarters, Department of the Army, Environmental
Programs, ATTN: DAIM-ED-C, 600 Army Pentagon, Washington, DC 203100600.
(2) USAEC. U.S. Army Environmental Center, ATTN: SFIM-AEC-EQC,
Building E4235, Aberdeen Proving Ground, Edgewood Area, MD 21010-5401.
(3) Headquarters DRMS.
(a) DRMS Environmental Business Unit, DRMS-LH, ATTN: DRMS-LH,
74 N. Washington, Battle Creek, MI 49017.
(b) Hazardous Waste Disposal Branch, DRMS-LHO, ATTN: DRMSLHO, 74 N. Washington, Battle Creek, MI 49017.
(c) Policy and Technical Support, DRMS-LHP, ATTN: DRMS-LHP, 74
N. Washington, Battle Creek, MI 49017.
(4) DRMS zone managers. The DRMS Web site lists names, addresses,
and phone numbers of DRMS zone managers and DRMO chiefs
(http://www.drms.dla.mil/drmo/site/drmo.html).
C-3. Process for requests for waiver from the use of DRMS
a. The preceding dispute resolution process must be used if the request for
waiver is based on difficulties between installations and local DRMOs.
b. Installations will provide a written request with justification to the MACOM.
This will include written verification from Headquarters, DRMS, indicating that
DRMS does not have the capacity to provide the service required, if applicable.
c. Installations must provide a written management plan to describe
alternative service, which meets the contract criteria described in DOD 4160.21M and below. Army liability must be minimized.
d. MACOMs will approve waivers and maintain oversight for use of nonDRMS HW providers. HQDA, DAIM-ED-C, will be provided copies of justification
and alternative service provider documentation.
e. Headquarters, DRMS, may be contacted for assistance in verifying
potential contractor permits, compliance history, and past performance history.
C-4. Mandatory HW disposal standards
Applicants for waiver from the use of DRMS for HW disposal must certify through
the IC that they have the capability to meet the following criteria and the HW
disposal contract standards listed in DOD 4160.21-M , chapter 10, attachment 2,
as shown below. These criteria apply both to wastes that are normally handled
by DRMS and to those waste categories that are normally excluded by DRMS.
a. Provide 100 percent manifest tracking to maintain a "cradle to grave" audit
trail of documentation for HW disposal (for example, from original turn-in to final
disposal).
b. Maintain automated records for all HW disposal transactions (for example,
waste streams, waste codes, locations, quantities, prices, other pertinent
information).
c. Monitor contract performance at time of pick-up by DOD personnel serving
as the COR.
d. Conduct extensive past performance and technical evaluation of prime
contractor and subcontractors prior to contract award and monitor during contract
performance. The contractor selection process will include the following:
(1) Verification of permits and compliance status with the appropriate
regulatory agencies.
(2) Evaluation of technical capabilities, to include on-site pre-award
surveys as appropriate.
(3) Evaluation of previous performance history.
e. Conduct on-site post-award inspections of selected subcontractors (for
example, treatment, storage, and/or disposal facility and transporters) to ensure
compliance with regulatory requirements. This surveillance will include "nonotice" inspections of treatment and/or disposal sites used by the contractor.
f. Evaluate contractor performance and document current and past
performance history in a performance database.
g. Ensure contract provisions comply with the Federal Acquisition Regulation
and applicable Federal, state, and local safety, environmental, and transportation
regulations.
h. Monitor contract costs to ensure competitive pricing as well as high quality
contractor service.
i. Reduce start-up, administrative, and re-procurement costs by preparing and
awarding long-term contracts, if in the best interest of DOD.
Glossary
Abbreviations
Section I contains abbreviations, brevity codes, and acronyms contained in AR
310-50 Section III contains abbreviations, brevity codes, and acronyms specific
to this publication.
AAA
Army Audit Agency
AAPPSO
Army Acquisition Pollution Prevention Support Office
ACALA
U.S. Army Armament and Chemical Acquisition and Logistics Activity
ACM
asbestos-containing materials
ACSIM
Assistant Chief of Staff for Installation Management
ACTS
Army Compliance Tracking System
AFH
Army family housing
AFP
Annual Funding Program
AFV
alternative fueled vehicles
AG
Adjutant General
AGL
above ground level
ALMC
Army Logistics Management College
AMCOM
U.S. Army Aviation & Missile Command
AMS
Army management structure
ANSI
American National Standards Institute
APG
Aberdeen Proving Ground
ARAR
applicable or relevant and appropriate requirement
ARNG
Army National Guard
ARSTAF
U.S. Army Staff
ASA(I&E)
Assistant Secretary of the Army (Installations and Environment)
ASA(ALT)
Assistant Secretary of the Army (Acquisition, Logistics and Technology)
ASA(RDA)
Assistant Secretary of the Army for Research, Development, and Acquisition
ATM
automated teller machine
AUL
authorized use/user list
BACT
best available control technology
BBS
bulletin board system
BOQ/BEQ
bachelor officer quarters/bachelor enlisted quarters
BRAC
Base Realignment and Closure
C&D
construction and demolition
CEGS
U.S. Army Corps of Engineers guide specification
CEQ
Council on Environmental Quality
CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act
CERFA
Community Environmental Response Facilitation Act
CFC
chlorofluorocarbon
CFR
Code of Federal Regulations
CMB
Configuration Management Board
CONUS
Continental United States
COR
contracting officer's representative
CPA
Chief of Public Affairs
CPO
civilian personnel office
CY
calendar year
CZMA
Coastal Zone Management Act
DASA(ESOH)
Deputy Assistant Secretary of the Army (Environment, Safety, and Occupational
Health)
DASA(R&T)
Deputy Assistant Secretary of the Army (Research and Technology)
dB
decibel
DCSLOG
Deputy Chief of Staff for Logistics
DEH
Director of Engineering and Housing
DEMIL
demilitarization
DERA
Defense Environmental Restoration Account
DERP
Defense Environmental Restoration Program
DESCIM
Defense Environmental Security Corporate Information Management
DFAS
Defense Financial Accounting System
DIO
Director of Industrial Operations
DLA
Defense Logistics Agency
DNL
day-night average sound level
DODI
DOD instruction
DODR
DOD regulation
DOE
Department of Energy
DOL
Director of Logistics (Director of Supply)
DOT
Department of Transportation
DPTMS
Directorate of Plans, Training, Mobilization, and Security
DPW
Directorate of Public Works
DSERTS
Defense Sites Environmental Restoration Tracking System
DSMOA/CA
Defense-State Memorandum of Agreement/Cooperative Agreement
DTLOMS
Doctrine, Training, Leader Development, Organization, Materiel Requirements,
and Soldier Support
EA
environmental assessment
EARC
Environmental Awareness Resource Center (formerly ETSC)
ECAR
Environmental Compliance Assessment Report
ECAS
Environmental Compliance Assessment System
EDMSC
Environmental Data Management Support Center
EIS
environmental impact statement
EO
Executive order
EOD
explosive ordnance disposal
EPA
U.S. Environmental Protection Agency
ER
engineering regulation
FAR
Federal Acquisition Regulation
FFA
Federal Facility Agreement
FIP
Federal Implementation Plan
FOA
field operating activity
FOIA
Freedom of Information Act
FOST
finding of suitability to transfer
FR
Federal Register
FS
feasibility study
FWPCA
Federal Water Pollution Control Act
FY
fiscal year
GAO
General Accounting Office
GOCO
Government-owned, contractor-operated
GSA
General Services Administration
HAZMAT
hazardous materials
HMMP
Hazardous Material Management Program
HN
host nation
HQ
headquarters
HQDA
Headquarters, Department of the Army
HUD
Department of Housing and Urban Development
IC
installation commander
ICUZ
Installation Compatible Use Zone
IG
inspector general
IPR
in progress review
ISR
Installation Status Report
JEMP
Joint Engineer Management Panel
JLUS
joint land use study
LAN
local area network
MACOM
major Army command
MCA
military construction, Army
MEDCOM
medical command
MIDI
Military Item Disposal Instruction
MIL-STD
Military standard
mm
millimeter
MOU
memorandum of understanding
MSC
major subordinate command
MSGP
multi-sector general permit
NEPA
National Environmental Policy Act
NFPA
National Fire Protection Association
NGB
National Guard Bureau
NHPA
National Historic Preservation Act
NORM/NARM
naturally occurring or accelerator produced radioactive material
NOV
notice of violation
NRC
Nuclear Regulatory Commission
NRDA
Natural Resource Damage Assessment
NSN
national stock number
NSPS
new source performance standards
NSR
new source review
NTU
nephler turbidity unit
O&M
operations and maintenance
OACSIM
Office of the Assistant Chief of Staff for Installation Management
OASA(I&E)
Office of the Assistant Secretary of the Army (Installations and Environment)
OCLL
Office of Congressional Legislation and Liaison
OCONUS
outside continental United States
ODCSOPS
Office of the Deputy Chief of Staff for Operations and Plans
ODEP
Office of the Director, Environmental Programs
OMA
Operations and Maintenance, Army
OMB
Office of Management and Budget
OSD
Office of the Secretary of Defense
OSHA
Occupational Safety and Health Administration/Act
OTJAG
Office of the Judge Advocate General
PAM
pamphlet
PAO
public affairs office (or officer)
PC
personal computer
PCB
polychlorinated biphenyl
pCi/L
picocuries per liter
PDSC
Professional Development Support Center
PL
public law
PM
program manager
PM10
particulate matter less than 10 microns
POC
point of contact
POL
petroleums, oils, and lubricants
POM
program objective memorandum
POV
privately-owned vehicle
PPBES
planning, programming, budgeting executing system
ppm
parts per million
PROSPECT
Proponent Sponsored Engineer Corps Training
QA/QC
quality assurance/quality control
R&D
research and development
RCS
requirements control symbol
RDT&E
research, development, test, and evaluation
RI
remedial investigation
RI/FS
remedial investigation/feasibility study
RMIS
Restoration Management Information System
ROA
Report of Availability
ROE
report of excess
ROI
return on investment
ROWPU
Reverse Osmosis Water Purification Unit
RPM
remedial project manager
RPMA
real property maintenance, Army
RPO
radiation protection officer
RRT
regional response team
RSC
Reserve Support Command
S&T
science and technology
SAPA
Office of the Secretary of the Army, Public Affairs
SECDEF
Secretary of Defense
SLUCM
Standard Land Use Coding Manual
SOFA
Status of Forces Agreement
SOH
safety and occupational health
SPB
Special Programs Branch
SQG
small quantity generator
SWAR
Solid Waste Annual Report
SWMU
Solid Waste Management Unit
TACOM
Tank Automotive and Armaments Command
TAG
The Adjutant General
TB
technical bulletin
TB MED
technical bulletin, medical
TC
training circular
TCP/IP
Transport Control Protocol/Internet Protocol
TDA
table of distribution and allowances
TEAM
The Environmental Assessment and Management (Guide)
TM
technical manual
TMP
technical management plan
TN
technical note
TO&E
table of organization and equipment
TRADOC
U.S. Army Training and Doctrine Command
TRI
toxic release inventory
TSCA
Toxic Substances Control Act
USACE
U.S. Army Corps of Engineers
USACHPPM
U.S. Army Center for Health Promotion and Preventive Medicine (formerly
USAEHA)
USAEC
U.S. Army Environmental Center
USAES
U.S. Army Engineer School
USAF
U.S. Air Force
USAMC
U.S. Army Materiel Command
USAPC
U.S. Army Petroleum Center
USAR
U.S. Army Reserve
USC
United States Code
USCG
U.S. Coast Guard
UTM
universal transverse mercator
UXO
unexploded ordnance
VCSA
Vice Chief of Staff of the U.S. Army
WHP
wellhead protection
WRMP
Water Resource Management Program or Plan
yr
year
Terms
A-weighted sound level
The A-scale sound level is a quantity in decibels, read from a sound level meter
with A-weighing circuitry. The A-scale weighing discriminates against the lower
frequencies according to a relationship approximating the auditory sensitivity of
the human ear. A-weighted sound level measures the approximate relative
annoyance of many common sounds.
Abandon
Treatment of military conventional explosive ordnance by burning, detonation,
static fire (SF), or other method; accumulation, storage, or treatment before or in
lieu of being abandoned by being treated by burning, detonation, SF, or other
method (see 40 CFR 261.2 (b), Identification and Listing of Hazardous Waste).
Aboveground storage tank
The entire outer surface area of the tank, excluding the bottom, is easily visible.
The tank may be located within a vault as long as the vault is not backfilled and
can be entered for tank external inspections.
Active range
A military range that is currently in service and is being used regularly for range
activities.
Acquisition
Obtain, use, or control real property by purchase, condemnation, donation,
exchange, easement, license, lease, permit, reinvestment, and recapture as
defined in chapters 1 - 4 , Estates and Methods of Acquisition (see AR 405-10 );
or, a directed, funded effort that is designated to provide a new or improved
material capability in response to a validated need ( DODI 5000.2 ).
Acquisition, life cycle (materiel)
Processes and procedures by which defense services identify requirements;
conduct research, development, test and evaluation; develop logistics support;
field, maintain, and ultimately dispose of material systems and equipment; and
upgrade existing systems and equipment.
Activity
A unit, organization, or installation that performs a function or mission; or a group
on an installation or facility assigned space for a common usage or function and
held operationally accountable by an authority other than the installation
commander (for example, airfields, hospitals, arsenals, commissaries).
Advisory agencies
Departments or agencies that can make major contributions during response
activities for certain types of discharges. The agencies are as follows:
a. Nuclear Regulatory Commission.
b. Department of Interior.
c. Department of Health and Human Services.
d. Department of Justice.
e. U.S. Environmental Protection Agency.
f. Federal Emergency Management Agency.
g. Department of State.
h. Department of Transportation.
i. Department of Energy.
Air pollutants
Includes carbon monoxide, sulfur oxides, hydrocarbons, particulate matter,
nitrogen oxides, and photochemical oxidants associated in the formation of air
pollution and chronic or acute health effects.
Alternative fuel
A substantially non-petroleum fuel as defined in PL 102-486 (1992).
Alternative fueled vehicle
A vehicle using alternative fuel, as defined in PL 102-486 (1992), section 301.
Applicable water quality standards
The water quality standards that are--
a. Promulgated by EPA per the CWA.
b. Adopted by a state and approved by EPA per section 303 of the CWA.
Army proponent
The lowest level decision-maker (that is, the Army unit, element, or organization
responsible for initiating or carrying out the proposed action).
Attainment area
A region designated by the EPA as being in attainment with all National Ambient
Air Quality Standards.
Authorized official
A DA representative with express written authority to discard conventional
explosive ordnance. An authorized official provides written authorization to
discard the conventional explosive ordnance. Conventional explosive ordnance is
discarded and subject to RCRA regulation upon the receipt of written
authorization to discard.
Best available control technology
An emissions limitation (including a visible emission standard) based on the
maximum degree of reduction for each pollutant subject to regulation under the
Clean Air Act, which would be emitted from any proposed major stationary
source or major modification which the Administrator, on a case-by-case basis,
taking into account energy, environmental, and economic impacts and other
costs, determines is achievable for such source or modification through
application or production processes or available methods, systems, and
techniques, including fuel cleaning or treatment or innovative fuel combustion
technique for control of such pollutant.
Best management practices
Methods, measures, or practices to prevent or reduce the contributions of
pollutants to U.S. waters. Best management practices may be imposed in
addition to, or in the absence of, effluent limitations, standards, or prohibitions.
C-weighted sound level
The C-scale sound level is a quantity, in decibels, read from a sound level meter
with C-weighting circuitry. The C-scale incorporates slight de-emphasis of the low
and high frequency portion of the audible spectrum. The C-weighted sound level
measures the additional annoyance caused by the low frequency vibration of
structures.
Catchment basins
An engineered device that attaches to and surrounds the fill pipe of underground
storage tanks and becomes an integral part of the tank in order to positively
contain spills and overflows at the fill opening. Used when fill pipe openings are
oriented vertically and terminate at grade. Also called Spill Collection Manway.
Cathodic protection
An electrochemical process for preventing corrosion on a wide variety of metallic
structures in electrolytes such as moist soil or water. The protection is provided
by passing direct current continuously between electrodes in the electrolyte, one
of which is the protected structure. One type of cathodic protection uses
sacrificial anodes. A steel tank in contact with the ground is the cathode or
protected metal, and a separate "sacrificial" anode, which usually consists of a
bar, rod, or wire of dissimilar metal such as zinc or magnesium. The anode is
consumed, or "sacrificed," as electrical current passes from it through the
electrolyte to the cathode (steel tank) because of the potential difference
between the dissimilar metals. A second type of cathodic protection is an
impressed current protection system. In this system, an electric current is
introduced into the ground through a series of anodes that are not attached to the
tank. Because the electric current flowing from these anodes to the tank system
is greater than the corrosive current attempting to flow from it, the tank is
protected from corrosion.
Chemical warfare agent
A substance that is intended for use in military operations to kill, seriously injure,
or incapacitate man through its physiological effects.
Chlorofluorocarbons and halons
For the purposes of this instruction, see ozone depleting substances.
Civilian authorities
Civilian law enforcement units at the local, state, or Federal level.
Civilian munition destroyers
Civilian personnel of DOD Components who undergo formal training in, and
whose mission is, the identification, handling, removal, and treatment of
propellants, explosives, and pyrotechnics (PEP) materials and miscellaneous
conventional explosive ordnance.
Closed range
A military range that has been taken out of service as a range and that either has
been put to new uses that are incompatible with range activities or is not
considered by the military to be a potential range area. A closed range is still
under the control of a DOD component.
Coastal waters
Coastal waters generally include the following:
a. Those U.S. waters navigable by or established for Government-owned,
pleasure, or commercial vessels.
b. The contiguous zone (see glossary entry below).
c. Other waters subject to tidal influences.
Compatible land uses
Land uses that are compatible with the noise environment as defined in table 7-2
.
Compliance agreement
Any negotiated agreement between regulatory agency and one or more
regulated parties for the purpose of settling an enforcement action or attaining or
maintaining compliance. The agreement must be entered into upon consent of all
parties.
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), section 102(a), substance
The term "CERCLA, section 102(a), substance" is a substance published on the
list in 40 CFR 302.4 .
Contiguous zone
The entire zone established by the United States under Article 24 of the
Convention on the Territorial Sea and the Contiguous zone. This zone,
contiguous to the territorial sea, extends 200 miles seaward from the baseline
from which the territorial sea is measured.
Conventional ordnance materiel
Includes liquid and solid propellants and explosives, pyrotechnics, riot control
agents, smokes, and incendiaries used by DOD components. Includes bulk
conventional explosive ordnance, rockets, missiles, warheads, devices, and
components thereof. Excludes wholly inert items, toxic chemical agents, and
nuclear warheads and devices.
Customs territory of the United States
The U.S. customs territory includes the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Northern Mariana Islands,
and any other territory or possession over which the United States has
jurisdiction. This term is used to determine who must comply with EPCRA and
pollution prevention requirements in Executive Order 12856 . "All Territories and
possessions of the United States except the Virgin Islands, American Samoa,
Wake Island, Midway Islands, Kingman Reef, Johnston Island and the Island of
Guam." ( 19 USC 1401 (h)).
DBA
Sound level in decibels, measured using the A-weighting network of a sound
level meter.
Decibel
Decibel (db) is a unit measuring of sound pressure level.
Demilitarization
The act of removing the military offensive or defensive advantages of ammunition
and explosives, which may or may not include the disposal of the item. The term
encompasses various approved methods such as mutilation, destruction, or
alteration to prevent further use for its originally intended military purpose,
including the procedures followed by explosive ordnance disposal (EOD) units,
civilian munition destroyers, and properly certified contract personnel. It applies
equally to material in unserviceable or serviceable condition.
Discard
To provide written authorization that an item of conventional explosive ordnance
meets the definition of "discarded material" in 40 CFR 261.2 (a)(2), Identification
and Listing of Hazardous Wastes, by completion of the following procedure:
a. An authorized official records in writing the determination that the ordnance
will be discarded rather than retained as an item of military ordnance.
b. The conventional explosive ordnance custodian receives the written
authorization from the authorized official that the ordnance is discarded and
subject to RCRA regulation.
Discharge
A term that includes, but is not limited to, the accidental or intentional spilling,
leaking, pumping, pouring, emitting, emptying, or dumping of a substance, into or
on any land or water ( 40 CFR 260.10 ).
Discharge classifications (for oil)
The classifications of accidental discharges listed below, provided to guide the
OSC, are criteria for general response actions. They are not criteria for reporting,
nor do they imply associated degrees of hazard to the public health or welfare,
nor are they measures of environmental damage. However, a discharge that is a
substantial threat to the public health or welfare, or results in critical public
concern, will be classed as a major discharge. Discharges are quantitatively
measured as follows:
a. Minor discharge. A discharge to the inland waters of less than 1,000
gallons of oil, or a discharge of less than 10,000 gallons of oil to the coastal
waters.
b. Medium discharge. A discharge of 1,000 gallons to 10,000 gallons of oil to
the inland waters, or a discharge of 10,000 to 100,000 gallons of oil to coastal
waters.
c. Major discharge. A discharge of more than 10,000 gallons of oil to the
inland waters, or more than 100,000 gallons of oil to the coastal waters.
Disposal
The discharge, deposit, injection, dumping, spilling, leaking, or placing of any
solid waste or hazardous waste into any land or water. The act is such that the
solid waste or hazardous waste, or any constituent thereof, may enter the
environment or be emitted into the air or discharged into any waters, including
ground water ( 40 CFR 260.10 ).
Disposal (Real Property)
Any authorized method of permanently divesting DA of control of and
responsibility for real property. This also includes sales as defined below. (Note
that this definition varies according to the Army regulation consulted.)
Emergency Response Plan
An emergency response plan is a plan prepared by the Local Emergency
Planning Committee (LEPC), which states the hazards and resources associated
with the accidental release of an extremely hazardous substance, including
methods and procedures to be followed by facility owners and operators and
local emergency and medical personnel.
Emission standards
Limits on the quality of emissions that may be discharged to the atmosphere from
any regulated source, established by Federal, state, local, and host nation
authorities.
Enforcement action
Any written notice of a violation of any environmental law from a regulatory
official having legal enforcement authority. Examples include, but are not limited
to: warning letters, notice of noncompliance (NON), notice of violation (NOV),
notice of significant noncompliance (NOSN), compliance order (CO),
administrative order (AO), compliance notice order (CNO), and finding of
violation (FOV).
Environment
All of the following:
a. Navigable waters.
b. Near-shore and open waters and any other surface water.
c. Groundwater.
d. Drinking water supply.
e. Land surface or subsurface area.
f. Ambient air.
g. Vegetation.
h. Wildlife.
The term "environment" includes water, air, and land and the interrelationship
that exists among and between water, air, and land and all living things (see 42
USC 11049 , Designation of Hazardous Substances).
Environmental agreement
Any agreement between a regulatory agency with authority to enforce
environmental laws and one or more regulated parties. Environmental
agreements include, but are not limited, consent orders, consent agreements,
compliance agreements, memoranda of agreement, memoranda of
understanding, cooperative agreement, IAGs, FFAs, and FFCAs.
Environmental audit
An environmental compliance review of facility operations, practices, and records
to assess and verify compliance with Federal, state, and local environmental
regulations. These reviews are not audits as defined in DOD Directive 7600.2 .
The USEPA defines environmental auditing as a systemic, documented, periodic,
and objective review by regulated entities (Army installations) of facility
operations and practices related to meeting environmental requirements.
Environmental awareness
Environmental knowledge or understanding of the importance of performing
normal job skills in accordance with appropriate environmental requirements, and
of consulting with environmental staff and Army or local compliance publications
to determine specific procedures. Environmental awareness training is
environmental knowledge provided by written information or presentations. It is
often provided outside a normal classroom setting. It has limited applicability to
teaching competence in specific environmental job skills. It is intended to
promote an environmental stewardship ethic; create an understanding of how
non-environmental missions and functions can effect the environment; and
encourage consultation with environmental staff and Army or local compliance
publications to determine specific procedures.
Environmental compliance officer
An individual assigned at a TDA or TO&E organization or unit to accomplish
environmental compliance requirements on behalf of his or her responsible
commander, director, or supervisor. The designated person also coordinates with
supporting installation environmental staff for requirements clarification and
assistance. In the National Guard, coordination is with USARNG state
environmental staff; in the Reserves, with Regional Reserve Office environmental
staff. The commander will determine organizational levels, and required grade or
rank, suitable for assignment of compliance officer duties. Compliance officers
are generally required at battalion and unit (company, battery, troop) level. In
garrison directorates, they are generally required at division level (branch level if
the organization generates hazardous waste). In civil works organizations the
environmental compliance coordinator is the equivalent of the environmental
compliance officer.
Environmental condition of property
An environmental condition of property (ECOP) is a document that must be
completed when the Army is transferring property to another federal agency.
Environmental condition of property category
The DOD developed 7 " environmental condition of property " categories defined
below. These categories were developed to identify the environmental condition
of all parcels of property at closing and realigning installations to expedite
transfer or lease of affected areas.
Category 1. Definition: Areas where no release or disposal of hazardous substances
or petroleum products has occurred (including no migration of these substances from
adjacent areas).
Category 2. Definition: Areas where only release or disposal of petroleum products
has occurred.
Category 3. Definition: Areas where release, disposal, and/or migration of hazardous
substances has occurred, but at concentrations that do not require a removal or
remedial action.
Category 4. Definition: Areas where release, disposal, and/or migration of hazardous
substances has occurred, and all remedial actions necessary to protect human health
and the environment have been taken.
Category 5. Definition: Areas where release, disposal, and/or migration of hazardous
substances has occurred, and removal or remedial actions are under way, but all
required remedial actions have not yet been taken.
Category 6. Definition: Areas where release, disposal, and/or migration of hazardous
substances has occurred, but required actions have not yet been implemented.
Category 7. Definition: Areas that are not evaluated or do not require additional
evaluation.
Environmental enhancement
Actions taken to improve the environment. These actions include, but are not
limited to, measures intended to abate environmental pollution and to meet
environmental quality standards.
Environmental noise
The outdoor noise environment consisting of the noise, including ambient noise,
from all sources that extends beyond the work place. The noise environment of
the work place is not considered environmental noise.
Environmental pollution
The condition resulting from the presence of chemical, mineral, radioactive, or
biological substances that-a. Alter the natural environment.
b. Adversely affect human health or the quality of life, biosystems, the
environment, structures and equipment, recreational opportunities, aesthetics,
and/or natural beauty.
Environmental pollution control standard
Any one of the Federal, state, and regional quality standards established to
protect and enhance environmental quality per-a. CAA.
b. CWA.
c. CERCLA of 1980, as amended by the SARA of 1986.
d. The Noise Control Act.
e. RCRA.
f. TSCA.
g. Other Federal statutes.
Environmental pollution control standards of general applicability in the
host country or jurisdiction
a. These standards are the substantive pollution control standards applicable,
in effect, and uniformly enforced according to-(1) National pollution control laws of the host country.
(2) Regulations issued by host government agencies to implement national
laws.
b. This term does not include pollution control standards enacted or adopted
by local governmental units or political subdivisions that are the national pollution
control laws that the host nation implements.
Environmental training
Instruction with the primary purpose of providing measurable competence for
doing specific environmental jobs or tasks. This is commonly taught in a
classroom, by such methods as lecture, discussion, or practical exercise.
However, other methods may also be used. Environmental training includes both
separate environmental courses and environmental content in non-environmental
courses. It also includes both training mandated by Federal or state regulation,
and training not mandated by law or regulation but which is intended to prepare
the trainee to meet the requirements of all applicable mandatory regulations.
Environmentally preferable
Products or services that have a lesser or reduced effect on human health and
the environment when compared with competing products or services that serve
the same purpose. This comparison may consider raw materials acquisition,
production, manufacturing, energy use, packaging, distribution, reuse, operation,
maintenance, or disposal of the product or service.
EOD emergency
A situation involving the suspected or detected presence of unexploded
ordnance that creates an immediate safety threat to civilian or military personnel
or property. Range clearance operations are excluded. The situation calls for
immediate action by EOD personnel or civilian munitions destroyers, to include
properly certified civilian contractor personnel, to eliminate the threat by treating
the explosive ordnance in place or rendering it safe and removing it to another
location. The emergency action includes transportation and treatment to the
extent necessary to abate the immediate threat. EOD emergencies can occur
either on-installation, or off-installation in the public sector.
Explosive ordnance disposal
The detection, identification, field evaluation, rendering safe, recovery, and final
destruction of UXO or unused munitions as a hazardous material. It may also
include the rendering safe or treatment of used or unused munitions that have
become hazardous by damage or deterioration, when the disposal of such EO
requires techniques, procedures, or equipment that exceed the normal
requirements for routine disposal.
Explosive
See "explosive ordnance."
Extremely hazardous substance
The term "extremely hazardous substance" indicates a substance published on a
list in 40 CFR 355 , Emergency Planning and Notification. This list contains over
360 substances, including chemicals in pure form and mixtures. Placing a
substance on this list reflects concern for the substance's toxicity, reactivity,
volatility, disperability, combustibility, and/or flammability.
Facility
Facilities include buildings, structures, public works, equipment aircraft, vessels,
and other vehicles and property under control of, or constructed or manufactured
for leasing to, the Army. Any buildings or collection of buildings, grounds, or
structure, as well as any fixture or part thereof, which is owned or held under a
lease-acquisition agreement by the United States or any Federal agency. Also
includes any building leased in whole or in part for use by the Federal
Government where the term of the lease exceeds five years and the lease does
not prohibit implementation of the provision in question.
Federal
The U.S. Government; this does not include a host nation government where the
term "federal" is also applicable.
Federal agency
An executive agency as defined in 5 USC 105 , executive agency, and for
military departments as defined in 5 USC 102 , Military Departments.
Federally permitted release
a. Federally permitted releases include the following:
(1) Discharges in compliance with permits issued under the FWPCAA; the
Marine Protection, Research, and Sanctuaries Act of 1972; or the RCRA, as
amended.
(2) Injection of fluids for enhanced oil recovery as authorized under the
applicable state laws.
(3) Introduction of any pollutant into publicly-owned treatment works when
such pollutant is specified and in compliance with applicable CWA pretreatment
standards.
(4) Release of source, special nuclear, or byproduct material in compliance
with a legally enforceable license, permit, regulation, or order issued pursuant to
the Atomic Energy Act of 1954.
b. See the national contingency plan for a more detailed definition.
Fees
Any request for payment by a regulator for some type of service. Examples
include, but are not limited to, permits, registrations, and inspections.
Fine
Any monetary penalty or assessment levied for violation of any environmental
law or regulation.
Fire departments
"Fire departments" are organizations, either military or civilian, which provide fire
protection and prevention service.
Formerly Used Defense Sites
Formerly Used Defense Sites (FUDs) are those properties previously owned,
leased, or otherwise possessed or used by DOD for military purposes; or those
properties conveyed to a contractor for industrial purposes under an official
permit (Government owned-contractor operated) and later legally disposed of.
Government-owned/contractor operated
A Government-owned contractor operated (GOCO) facility that is owned by the
Federal Government but all or portions of which are operated by private
contractors.
Groundwater
The supply of water found beneath the Earth's surface, usually in aquifers that
supply wells and springs.
Harmful discharge
Harmful discharges (of oil) into navigable waters of the contiguous zone are such
that they do at least one of the following:
a. Violate applicable water quality standards.
b. Cause a film or sheen upon, or discoloration of, the surface of the water or
adjoining shorelines.
Hazardous chemical
As defined in 40 CFR 335 and 370 , which implement EPCRA. These sections
define a hazardous chemical the same as in 29 CFR 1910.1200 (c), OSHA
Regulation on Hazardous Communications, Worker's Right To Know, except that
they do not include the following substances:
a. Any food, food additive, color additive, drug, or cosmetic regulated by the
Food and Drug Administration.
b. Any substance present as a solid in any manufactured item to the extent
exposure to the substance does not occur under normal conditions of use.
c. Any substance to the extent it is used for personal, family, or household
purposes, or is present in the same form and concentration as a product
packaged for distribution and used by the general public.
d. Any substance to the extent it is used in a research facility under the
laboratory or a hospital or other medical facility under the direct supervision of a
technically qualified individual.
e. Any substance to the extent it is used in routine agricultural operations or is
a fertilizer held for sale by a retailer to the ultimate customer.
Hazardous material
A material as defined by Federal standard, material safety data, transportation
data and disposal data for hazardous materials furnished to government activities
((FED-STD-313C, 3 Apr 1996) (The General Services Administration has
authorized the use of this federal standard by all federal agencies)).
a. Any item or chemical which is a "health hazard" or "physical hazard," as
defined by OSHA in 29 CFR 1910.1200 , which includes the following:
(1) Chemicals that are carcinogens, toxic, or highly toxic agents,
reproductive toxins, irritants, corrosives, sensitizers, nephrotoxins, neurotoxins,
agents that act on the hematopoietic system, and agents that damage the lungs,
skin, eyes, or mucus membranes.
(2) Chemicals that are combustible liquids, compressed gases, explosives,
flammable liquids, flammable solids, organic peroxides, oxidizers, pyrophorics,
unstable (reactive) or water-reactive.
(3) Chemicals that in the course of normal handling, use, or storage
operations may produce or release dusts, gases, fumes, vapors, mists or smoke
that have any of the above characteristics.
b. Any item or chemical that is reportable or potentially reportable or notifiable
as inventory under the requirements of the Hazardous Chemical Reporting ( 40
CFR part 370 ), or as an environmental release under the reporting requirements
of the Toxic Chemical Release Reporting: Community Right To Know ( 40 CFR
part 372 ), which includes: chemicals with special characteristics that in the
opinion of the manufacturer can cause harm to people, plants, or animals when
released by spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the environment
(including the abandonment or discarding of barrels, containers, and other
receptacles).
c. Any item or chemical that, when being transported or moved, is a risk to
public safety or an environmental hazard and is regulated as such by one or
more of the following:
(1) Department of Transportation Hazardous Materials Regulations (49
CFR 100-180).
(2) International Maritime Dangerous Goods Code of the International
Maritime Organization.
(3) Dangerous Goods Regulations of the International Air Transport
Association.
(4) Technical Instructions of the International Civil Aviation Organization.
(5) U.S. Air Force Joint Manual, Preparing Hazardous Materials for Military
Air Shipments (AFJMAN 24-204).
Hazardous materiel
Any materiel that contains hazardous materials.
Hazardous substance
A substance as defined by section 101(14) of CERCLA:
a. For the purposes of this regulation a hazardous substance is any of the
following:
(1) Any substance designated pursuant to section 311(b)(2)(A) of the
CWA.
(2) Any element, compound, mixture, solution, or substance designated
pursuant to section 102 of the CAA.
(3) Any hazardous waste having the characteristics identified under the
RCRA.
(4) Any toxic pollutant listed under TSCA.
(5) Any hazardous air pollutant listed under section 112 of the CAA.
(6) Any imminently hazardous chemical substance or mixture with respect
to which the EPA Administer has taken action pursuant to subsection 7 of TSCA.
b. The term does not include-(1) Petroleum, including crude oil or any fraction thereof, which is not
otherwise specifically listed or designated as a hazardous substance in
paragraph a above.
(2) Natural gas, natural gas liquids, liquefied natural gas, or synthetic gas
usable for fuel (or mixtures or natural gas and such synthetic gas usable for fuel).
c. A list of hazardous substances is found in 40 CFR 302.4 , Designation of
Hazardous Substances.
(1) Anything that due to its chemical, physical, or biological nature causes
safety, public health, or environmental concerns.
(2) Any material that-(a) Is regulated as a hazardous material per 49 CFR 173.2 , ShippersGeneral Requirements for Shipment and Packaging.
(b) Requires an MSDS per 29 CFR 1910.1200 , OSHA Hazard
Communications Standards.
(c) During its end use, treatment, handling, packaging, storage,
transportation, or disposal, meets or has components that meet or have the
potential to meet, the definition of hazardous waste as defined by 40 CFR 261 ,
Identification and Listing of Hazardous Waste, subparts A, B, C, or D.
(3) In general, any material, which because of its quality, concentration, or
physical chemical, or infectious characteristics, may pose a substantial hazard to
human health or the environment.
Hazardous waste
A solid waste identified in 40 CFR 261.13, Identification and Listing of Hazardous
Wastes, or applicable foreign law, rule, or regulation (see also solid waste).
Hazardous waste disposal
As defined in 40 CFR 260.10 , Hazardous Waste Management Systems,
disposal means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste or hazardous waste into or on any land or water so
that such solid waste or hazardous waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any waters,
including ground waters.
Hazardous waste generator
The hazardous waste generator is defined in 40 CFR 260.1 as "...any person, by
site whose act or process produces hazardous waste identified or listed in part
261... or whose act first causes a hazardous waste to become subject to
regulation." For reporting purposes in the Army, the IC is considered the
generator.
Hazardous waste storage
As defined in 40 CFR 260.10 , is "...the holding of hazardous waste for a
temporary period, at the end of which the hazardous waste is treated, disposed
of, or stored elsewhere."
Hazardous waste treatment
As defined in 40 CFR 260.1 , is "any method, technique, or process, including
neutralization, designed to change the physical, chemical, or biological character
or composition of any hazardous waste so as to neutralize such waste, or so as
to recover energy or material resources from the waste, or so as to render such
waste non-hazardous or less hazardous; safer to transport, store, or dispose of;
or amenable for recovery, amenable for storage, or reduced in volume."
Hazardous waste account
An inventory account system that includes explosive ordnance, manufacturing
material, and processing and treatment residue that have been determined to be
hazardous waste.
Hold for reason
Temporarily holding recovered explosive ordnance for a purpose other than
treatment. This includes situations such as evidence in law enforcement
proceedings and accident investigations, technical evaluation by EOD personnel,
and other purposes unrelated to being held for treatment. Also includes material
identified to be held for R&D requirements.
Improvised explosive device
Those devices placed or fabricated in an improvised manner incorporating
destructive, lethal, noxious, pyrotechnic or incendiary chemicals, designed to
destroy, disfigure, distract, or harass. They may incorporate military stores, but
are normally devised from non-military components. They may be referred to as
improvised chemical devices (ICD) or high-tech IED (HTIED) when the situation
or components of the device make it appropriate to do so.
Inactive range
A military range that is not currently being used, but that is still under military
control and is considered by the military to be a potential range area, and that
has not been put to a new use that is incompatible with range activities.
Incompatible land uses
Land uses that are not compatible with the noise environment as defined in table
7-2 .
Industrial installation
An installation that has the primary mission of producing, maintaining, or
rehabilitating military material.
Inspections
Any visit by a regulatory agency, with legal authority, for the purpose of
assessing regulatory compliance.
Installation
A grouping of facilities, located in the same general vicinity, over which the IC
has authority. An aggregation of real property holdings, under the jurisdiction of
DOD, with one or more permanently assigned units or activities and a military
service staff to provide operations support.
Installation Response Team
Those collective persons on an installation designated to act in an emergency to
perform functions directed by the OSC.
Integrated pest management
The management of actual and potential pest problems using a combination of
available preventive and corrective control measures. The biological
effectiveness, environmental acceptability, and cost effectiveness of the
measures must be considered before such measures can be approved for use
on Army-controlled property.
Integrated training area management
The integrated training area management (ITAM) program is a management and
decisionmaking process to integrate Army training and other mission
requirements for land use with sound natural resource management of land.
Inventory
Military explosive ordnance stored in serviceable condition, ready for issue and
use, or unserviceable stocks pending maintenance or disposition instructions.
Also includes industrial components and raw materials for production use and
explosive ordnance classified as in unserviceable condition, pending resolution of
disposition instructions.
Life cycle
"Life cycle" means concept, design, development, testing, production,
deployment, training, maintenance, supply management, distribution, and
disposal/demilitarization of a product (comprehensive DOD pollution prevention
strategy).
Life cycle cost
The amortized annual cost of a product, including capital costs, installation costs,
operating costs, maintenance costs, and disposal costs discounted over the
lifetime of the product.
Line leak detector
Pressure-sensitive valve installed in the piping of liquid dispensing systems using
submerged turbine pumps. Upon detecting an unusually low pressure drop in the
piping system, this valve automatically restricts the flow of liquid.
Listed hazardous substance
a. A substance designated under any of the following:
(1) Sections 207(a) and 311(b)(2)(A) of CWA.
(2) Section 112 of CAA.
(3) Section 7 of TSCA.
b. Any hazardous waste listed under or having the hazardous waste
characteristics identified according to section 3001 of the RCRA.
c. Any substance listed under section 102 of CERCLA.
Listed quantity
Reportable quantity under section 311 of the CWA, or one pound.
Load, assemble, and pack
Operations conducted by manufacturing/industrial facilities that load, assemble,
and pack (LAP) explosive ordnance.
Local Emergency Planning Committee
Local Emergency Planning Committee (LEPC) is a group of people appointed by
the State Emergency Response Commission (SERC) to receive and forward
information to the public concerning hazardous substance inventory and release
in a designated emergency planning district.
Low level radioactive waste
Radioactive waste not classified as high level radioactive waste, transuranic
waste, or a byproduct material as defined in section 11e(2) of the Atomic Energy
Act of 1954 ( 42 USC 2014 (e)(2)). (See also radioactive material below.)
Major modification
See definition of new major source (or major modification).
Manufacturing reject
Explosive ordnance generated during the manufacturing, processing, loading,
testing, and depot level work/rework of military explosive ordnance that does not
meet specification but is safe to handle and store.
Manufacturing residues
PEP materials or PEP-contaminated materials generated during the processing,
loading, testing, and depot level work/rework of military explosive ordnance.
Material safety data sheet
A material safety data sheet (MSDS) is the sheet required to be developed under
29 CFR 1910.1200 (g).
Military munitions
All ammunition products and components produced or used by or for DOD or the
U.S. Armed Services. Military munitions include: confined gaseous, liquid, and
solid propellants, explosives, pyrotechnics, chemical and riot control agents,
including bulk explosives and chemical warfare agents, chemical munitions,
rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery
ammunition, small arms ammunition, grenades, mines, torpedoes, depth
charges, cluster munitions and dispensers, demolition charges, and devices and
components thereof.
Military range
A designated land or water area set aside, managed, and used to conduct
research on, develop, test, and evaluate military munitions and explosives, other
ordnance, or weapon systems, or to train military personnel in their use and
handling. Ranges include firing lines and positions, maneuver areas, firing lanes,
test pads, detonation pads, impact areas, and buffer zones with restricted access
and exclusionary areas.
Mobil source
Any non-stationary source of air pollution such as cars, trucks, motorcycles,
buses, airplanes, or locomotives.
Monitoring
The assessment of emissions and ambient air quality conditions. The following
monitoring techniques are used-a. Emission estimates.
b. Visible emission readings.
c. Diffusion or dispersion estimates.
d. Sampling or measurement with analytical instruments.
National ambient air quality standards
The National ambient air quality standards (NAAQS) are those standards
established according to the CAA to protect health and welfare.
National Environmental Policy Act
A United States statute that requires all Federal agencies to consider the
potential effects of proposed actions on the human and natural environment.
National Response Team
A team of representatives from the primary and advisory agencies that serves as
the national policy-making body for planning and preparedness actions to
prevent and minimize accidental pollution discharges.
New major sources (or major modification)
A new major source or major modification is a source of air emission that-a. Meets the definition of construct at 40 CFR 52.21 (b)(8), Prevention of
Significant Deterioration of Air Quality; and
b. Meets the definition of building at 40 CFR 52.21(b)(6) or 52.24(f)(2); and
c. Meets the definition of stationary source at 40 CFR 52.21(b)(1)(i) or
52.24(f)(1); and
d. Meets the definition of significant at 40 CFR 52.21(b)(23) or 52.24(f)(10);
and
e. Meets one of the following definitions of major or major modified source-(1) Meets the definition of a major source at 40 CFR 52.21(b)(1)(i) or
52.24(f)(4)(i); or
(2) Meets the definition of a major modified source at 40 CFR 52.21 (b)(2).
Nonattainment area
Areas that have been determined to have poor air quality. For nonattainment
areas, states must develop plans using pollution control measures, including
alternative and clean-fueled vehicles, which will eventually bring the areas into
attainment. A nonattainment area is a region designated by the EPA as
exceeding the National ambient air quality standards for one of the seven criteria
pollutants. The EPA has defined the following pollutants as criteria pollutants at
40 CFR 50.3 , National primary and secondary ambient air quality standards:
sulfur dioxide, particulate matter, carbon monoxide, ozone, nitrogen dioxide, and
lead.
Oil
Oil or petroleum products of any kind or in any form and oil mixed with wastes
other than dredged spoil.
On-scene coordinator
a. An on-scene coordinator (OSC) is the Federal official predesignated by
EPA or USCG to coordinate and direct Federal responses under subpart D, and
removals under subpart E, of the national contingency plan.
b. The DOD or U.S. Department of Energy official designated to coordinate
and direct the removal actions from releases of hazardous substances,
pollutants, or contaminants where either the release is on, or the sole source of
the release is from, any facility or vessel under the jurisdiction, custody, or control
of their departments respectively.
c. The official designated by any other Federal department or agency to
coordinate and direct removal actions other than emergencies where either the
release is on, or the sole source of the release from, any facility or vessel under
the jurisdiction, custody, or control of those departments and agencies.
Open burning
The combustion of any material without the characteristics described below:
a. Control of combustion air to maintain adequate temperature for efficient
combustion.
b. Containment of the combustion reaction in an enclosed device to provide
enough residence time and mixing for complete combustion.
c. Control of emission of the gaseous combustion products.
Open detonation
Unconfined, violent reaction of propellants, explosives, and pyrotechnics (PEP)
or explosive ordnance without the control of combustion air, containment of the
combustion reaction in an enclosed device, or control of emissions of gaseous
and particulate combustion products.
Ordnance
(See explosive ordnance.)
Outgrant
A legal document that conveys or gives the right to use Army-controlled real
property, including, for the purposes of this regulation only, leases and when
appropriate, easements.
Ozone depleting substances
Substances controlled internationally under the Montreal Protocol, and nationally
under title VI of the Clean Air Act Amendments. This includes both Class I and
Class II substances as follows:
a. "Class I substance" is any substance designated as Class I in the Federal
Register notice of 30 July 1992 (57 FR 33753), including chlorofluorocarbons,
halons, carbon tetrachloride, and methyl chloroform and any other substance so
designated by the EPA by regulation at a later date.
b. "Class II substance" is any substance designated as Class II in the Federal
Register notice of 30 July 1992 (57 FR 33753), including
hydrochlorofluorocarbons and any other substance so designated by the EPA by
regulation at a later date (see EO 12843, Procurement Requirements and
Policies for Federal Agencies for ODSs).
PEP
Term used to refer collectively to propellants, explosives, and pyrotechnics.
Permit
A permit is the temporary authority conferred on another Federal agency to use
real property under the jurisdiction of a military department for an act or series of
acts. The Secretary of the Army (SA) may, in the exercise of general
administrative authority over property under his jurisdiction, custody and control,
grant permits to other Federal agencies where the user does not interfere with
the purpose for which the property was originally acquired and retained. Permits
may be revocable at will or at a time specified.
Permit, environmental
Authorization from an environmental regulatory agency to operate a facility,
discharge, or emit pollutants to an authorized standard, or perform an activity
with environmental effects.
Pollution
See "environmental pollution."
Pollution/pollutant
The terms "pollution" and "pollutant" refer to all nonproduct outputs, irrespective
of any recycling or treatment that may prevent or mitigate releases to the
environment.
Pollution prevention
"Pollution prevention" means "source reduction," as defined in the Pollution
Prevention Act (PPA) of 1990 ( 42 USC 13101-13109 ), and other practices that
reduce or eliminate the creation of pollutants through-a. Increased efficiency in the use of raw materials, energy, water, or other
resources.
b. Protection of natural resources by conservation (see also "source
reduction").
Pollution prevention device
Any device that reduces the possibility of a release, minimizes the effect of a
release, or provides warning of an imminent or actual release. Devices include
spill protection, secondary containment, leak detection systems, interstitial
monitoring, physical security, tank farm lighting, and rainwater retention and
control devices.
Pollution prevention opportunity assessment
Pollution prevention opportunity assessment (PPOA) is the process of collecting
data for identifying processes, and quantifying hazardous materials used,
pollutants released to air, land, and water, and hazardous and non-hazardous
waste resulting from the processes; developing opportunities in source reduction,
recycling, or waste minimization to reduce or eliminate pollution; analyzing the
technical, environmental, and economic feasibility of each opportunity; and
ranking feasible opportunities.
Postconsumer material
A material or finished product that has served its intended use and has been
discarded for disposal or recovery, having completed its life as a consumer item.
"Postconsumer Material is part of the broader category of 'Recovered Material'"
(EO 12873, Federal Acquisition, Recycling and Waste Reduction).
Potential to emit
The maximum capacity of a stationary source to emit pollutant under its physical
and operational design.
Primary agencies
The Federal departments or agencies comprising the NRT (that is, the
Departments of Commerce, Interior, Transportation, and Defense; and the EPA).
These agencies have primary responsibility and resources to promote effective
operation of the national oil and hazardous substances pollution contingency
plan.
Procurement
The acquiring by contract with appropriated funds for supplies or services by and
for the use of the Federal Government through purchase or lease, whether the
supplies or services are already in existence or must be created, developed,
demonstrated, and evaluated.
Propellant
A reactive, energetic material formulated to deflagrate producing instantaneous
energy sufficient to propel an object, such as a bullet, projectile, torpedo, rocket,
or missile.
Public health welfare
All or any factors affecting human health welfare.
Public use of data
The general public has a right to access information provided under EPCRA to
the EPA administrator, governor, SERC, or LEPC, except in the case of trade
secret information. LEPCs publish the availability of the information in local
newspapers, and the EPA publishes information on toxic chemical releases in
the CFRs.
Pyrotechnic
A reactive, energetic material that undergoes reaction to produce audible or
visible effects, such as illumination, colored lights, smoke, or noise.
Qualifying Recycling Program
Qualifying Recycling Program (QRP) involves organized operations that require
concerted efforts to divert or recover scrap or waste, as well as efforts to identify,
segregate, and maintain the integrity of the recyclable materials in order to
maintain or enhance their marketability. A QRP includes adherence to a control
process providing accountability for all materials processed through program
operations.
Radioactive material
Any material or combination of materials that spontaneously emits ionizing
radiation.
Radon
A colorless naturally occurring, radioactive, inert gas formed by radioactive decay
of radon atoms in soil or rocks.
Range clearance
The periodic elimination of unexploded ordnance that failed to function and is
found on ranges. It includes treatment on site, collection and treatment within the
range, and removal of Research, Development, Test, and Evaluation ordnance
subjected to subsequent examination or test.
Real property
This includes the definition for real property found in the Federal Property
Management Regulations, 41 CFR 101-47.103.12 .
Reclamation
Regeneration of a material, or processing of a material to recover a usable
product. Examples include recovery of lead from spent batteries or the
regeneration of spent solvents.
Recovered material
Waste materials and byproducts that have been recovered or diverted from solid
waste. This term does not include those materials and byproducts generated
from and commonly reused within an original manufacturing process ( 42 USC
6903 (19), Solid Waste Disposal Definitions).
Recycling
The series of activities, including separation and processing, by which products
or other materials are reclaimed, recovered, and reused either on or off site.
Regional administrator
The regional administrator of the EPA regional office in which the subject
properties are located.
Regional Response Team
A Regional Response Team (RRT) is a team of regional Federal representatives
of the primary or selected advisory agencies. It acts within its region as an
emergency response team that performs functions like those of the NRT.
Release
A discharge of one or more hazardous substances into the environment by any
means. Excluded are-a. Minor releases within the workplace.
b. Emissions from engine exhaust.
c. Normal applications of fertilizer.
Remove
The movement of conventional explosive ordnance by EOD personnel or civilian
munitions destroyers, including properly trained contract personnel, from the
location found to a treatment, holding, or storage area.
Render-safe
The portion of EOD procedures that provides for the interruption of functions or
separation of essential components of explosive ordnance to prevent an
unacceptable detonation. A "render-safe" procedure may make an explosive
ordnance item safer to handle, but it does not necessarily remove the safety
hazard associated with it. In some cases, the render-safe procedure includes
destruction of the conventional explosive ordnance.
Reportable quantity
Reportable quantity (RQ) is the quantity of environmental pollutant above which a
report must be rendered to environmental authorities such as the EPA, state or
local regulators.
Reportable spill or event
A release of a reportable quantity of oil or hazardous substance into the
environment.
a. For oil (defined by 40 CFR 110 , Discharge of Oil): A discharge of such
quantities of oil into or upon the navigable waters of the United States, its
adjoining shorelines, or the contiguous zone so as to meet the qualifications
listed in harmful discharge (of oil) into navigable waters or into or beyond the
contiguous zone above.
b. For hazardous substances: Any release of one or more reportable
substances in reportable quantities into the environment, requiring that-(1) The EPA National Response Center be notified immediately.
(2) All other reporting as required by paragraph 8-3 .
Research, development, test, and evaluation ordnance
Ordnance utilized in performance of the RDT&E mission. It may be standard
conventional explosive ordnance undergoing comparison tests, standard items
that have been modified to gather information, or items generated from various
ammunition components for RDT&E purposes.
Resource Conservation and Recovery Act
A Federal law ( 42 USC 6901 et seq .) that established requirements for the
management of hazardous waste. RCRA established specific requirements for
hazardous waste generators, transporters, and owners/operators of hazardous
waste treatment, storage, and disposal facilities (see 40 CFR parts 260-271).
Resource recovery and disposition account
The resource recovery and disposition account (RRDA) is a status code
assigned to ordnance. Assets assigned this status are no longer in the active
inventory available for issue and use by troops. RRDA designation indicates that
the assets are being evaluated for potential recovery and/or reuse, prior to being
considered for discarding.
Reuse
A material is used or reused if it is either-a. Used as an ingredient (including use as an intermediate) in an industrial
process to make a product (for example, distillation bottoms from one process
used as a feedstock in another process).
b. Used in a particular function or application as an effective substitute (for
example, spent battery acid accumulated by the DRMO could be used in
industrial waste-water treatment facilities to precipitate phosphorous and act as a
sludge conditioner).
Sale
The divesting of the United States of America of all title to real property, usually
by deed.
Secondary containment
Refers to secondary containment designed to contain all leaks and spills from
tanks and their associated underground equipment (tank piping). Secondary
containment must be designed to prevent the escape of leaks and spills into the
surrounding soil, groundwater, and/or surface water. Common options are: dike
areas constructed of concrete with a pad (floor); double wall tanks and piping;
liners that completely cover the bottom and side walls of a tank excavation or
dike area; and vaults, which are rigid structures (that is, concrete) located within
the ground and that serve to completely isolate the tank system from the
surrounding soil. All forms of secondary containment must be installed 100
percent around the tank and associated underground equipment; must be
designed to contain at least 110 percent of the capacity of the largest tank within
its boundary plus be designed or operated to prevent run-on or infiltration of
precipitation from a 25-year, 24-hour rainfall; and must be impervious to the
material being stored. Impervious being confined as chemically compatible with
the material being stored and capable of forming a barrier through which the
material cannot penetrate to enter the surrounding area.
Sludge
"Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or
industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility exclusive of the treated effluent from a wastewater
treatment plant" ( 40 CFR 260.10 ).
Solid waste
Materials that are discarded by being abandoned or by being recycled, or are
inherently waste-like (refer to the definition of "abandon" in this section).
Recycled means to use, reuse, or reclaim certain types of materials in certain
limited cases as described in table 1 of 40 CFR 261.2 , Identification and Listing
of Hazardous Waste. Since explosive ordnance is not a type of material listed in
table 1, its recycling normally does not make it a solid waste under RCRA.
Unused explosive ordnance normally is not inherently waste-like.
Source reduction
The Federal Pollution Prevention Act defines source reduction as follows:
a. "Any practice that-(1) Reduces the amount of any hazardous substance, pollutant, or
containment entering any waste stream or otherwise released into the
environment (including fugitive emissions) prior to recycling, treatment, and
disposal.
(2) Reduces the hazards to public health and the environment associated
with the release of such substances, pollutants, or contaminants.
b. The term includes equipment or technology modification, process or
procedure modification, reformulation or redesign of products substitution of raw
materials, and improvements in housekeeping, maintenance, training, or
inventory control."
c. Source reduction does not entail any form of waste management (for
example, recycling and treatment).
Spill
A generic term, as used in this publication, which encompasses the accidental
and the deliberate but unpermitted, discharge or release of a pollutant. For
distinction, see discharge classifications, harmful discharge (etc.), potential
discharge, release, and reportable spill or event. For comparison, see discharge
and federally permitted release.
State Emergency Response Commission
The State Emergency Response Commission is a group of people or an existing
state-sponsored organization appointed by the governor to receive and forward
information to the public concerning hazardous substance inventory and release.
Static-fire
Functioning an ordnance item, such as a rocket, missile, or catapult while it is
securely fastened to prevent flight for the purpose of testing or treatment.
Stationary source
Any building, structure, facility, or installation which emits or may emit an air
pollutant for which a national standard is in effect.
Status of Forces Agreements
Agreements on the stationing or operations of forces to which the United States
is a party, such as the following:
a. Multilateral or bilateral stationing or base rights agreement.
b. Arrangements or understanding concluded thereunder.
Storage
The holding of hazardous substances (as defined in this section), other than for a
temporary period of less than 30 days, prior to the hazardous substance being
either used, neutralized, disposed of, or stored elsewhere.
Thermal treatment
Treatment of explosive ordnance using elevated temperatures as the primary
means to change the chemical, physical, or biological character or composition of
the explosive ordnance. Examples include incineration, OB, OD, SF, molten salt
pyrolysis, wet air oxidation, calcination, and microwave discharge (see 40 CFR
260.10 ).
Toxic chemical
The term "toxic chemical" is a substance published on the list in 40 CFR 372.65 ,
Toxic Chemical Release Reporting. About 650 chemicals and chemical
categories, both in pure and mixture form, are currently listed.
Toxic pollutant
Those pollutants or combinations of pollutants, including disease-causing agents,
which after discharge and upon exposure, ingestion, inhalation, or assimilation
into any organism--either directly from the environment or indirectly by ingestion
through food chains--will cause death, disease, behavioral abnormalities, cancer,
generic mutations physiological malfunctions, including malfunctions in
reproduction, or physical deformations in such organisms or their offspring.
Transfer, real property
Change in jurisdiction over real property from one federal agency or department
to another, including military departments and defense agencies, to include
permits for the purposes of this regulation only. (See AR 405-90 , Disposal of
Real Estate, for the full definition.)
Transferred range
A military range that is no longer under military control and has been leased,
transferred, or returned to another entity, including federal entities.
Transferring range
A military range that is proposed to be transferred from DOD to another federal
entity or disposed of by conveying title to a non-federal entity.
Treat
Conducting a methodology, technique, or process designed to change the
physical, chemical, or biological character or composition of a material to recover
energy, render material less or non-hazardous, or reduce material volume (see
"treatment" under 40 CFR 260.10 ).
Treat in-place
Destruction of explosive ordnance where it is found because it is too dangerous
to move.
Ultimate disposition
This term includes recycling or reuse, and storage, treatment, and disposal per
applicable regulations.
Underground injection
The subsurface emplacement of fluids through-a. A bored, drilled, or driven well.
b. A dug well where the depth of the dug well is greater than the largest
surface dimension.
Underground storage tank
An underground storage tank (UST) is any one or combination of tanks (including
underground pipes connected thereto) that is used to contain an accumulation of
regulated substances, and the volume of which (including the volume of the
underground pipes connected thereto) is ten percent or more beneath the
surface of the ground. (Army policy does not exclude heating oil tanks as given
under subtitle I of RCRA.)
Unexploded ordnance
Military munitions that have been primed, fused, armed, or otherwise prepared
for action, and have been fired, dropped, launched, projected, or placed in such a
manner as to constitute a hazard to operations, installation, personnel, or
material and remain unexploded either by malfunction, design, or any other
cause.
U.S. jurisdiction
The 50 United States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the
Pacific Islands, and any other territory or possession over which the United
States has jurisdiction.
Vessel
Any type of watercraft or other artificial contrivance used, or capable of being
used, as a means of transportation on water, other than a public vessel.
Waste minimization
a. Any source reduction or recycling activity that is undertaken by a generator
that results in-(1) The reduction of the quantity of hazardous waste.
(2) The reduction in toxicity of hazardous waste that is either generated or
subsequently treated, stored, or disposed of. Such activities must be consistent
with the goals of minimizing present and future threats to human health and the
environment.
b. A working definition of waste minimization reflects two types of activities,
source reduction or elimination of waste at the point of generation (for example,
within a process). Recycling refers to-(1) The use or reuse of a waste stream byproduct as an effective substitute
for a commercial product or as an ingredient or feedstock in a process.
(2) The reclamation of a waste material that involves recovery of whatever
constituent fractions can be reused.
Special Terms
This publication uses the following abbreviations, brevity codes, and acronyms
not contained in AR 310-50
AALA
American Association for Laboratory Accreditation
ADNL
A-weighted day-night average sound level
AEDA
ammunition, explosives, and/or dangerous articles
AERTA
Army Environmental Requirements and Technology Assessments
AIHA
American Industrial Hygiene Association
AL
action level
AST
aboveground storage tank
ATSDR
Agency for Toxic Substances and Disease Registry
BCA
base closure account
BCP
BRAC Cleanup Plan
BCT
BRAC Cleanup Team
BEC
BRAC environmental coordinator
BRAC
base realignment and closure
BTC
base transition coordinator
BUR
bottom-up review
CAA
Clean Air Act
CAAA
Clean Air Act Amendments of 1990
CCR
Consumer Confidence Report
CDNL
C-weighted day-night average sound level
CDR
covenant deferral request
CE
conditional exemption
CECOM
U.S. Army Communications-Electronics Command
CEMP
U.S. Army Corps of Engineers Directorate of Military Programs
CESQG
conditionally exempt small quantity generator
CRADAS
Cooperative Research and Development Agreements
CRP
Community Relations Plan
CTC
cost-to-complete
CW
civil works
CWA
Clean Water Act
CWF
civil works facility
CWS
community-water system
DAIM-BO
Department of the Army Installation Management - BRAC Office
DAIM-ED
Department of the Army Installation Management - Environmental Directorate
DAJA-EL
Department of the Army, Judge Advocate - Environmental Law
DBP
disinfectants and disinfection byproducts
DD
decision document
DDESB
Department of Defense Explosives Safety Board
DENIX
Defense Environmental Network and Information Exchange
DEP
Director of Environmental Programs
DPG
Defense Planning Guidance
DRMO
Defense Reutilization and Marketing Office
DRMS
Defense Reutilization and Marketing Service
DSP
disposal support package
DUSD(ES)
Deputy Undersecretary of Defense (Environmental Security)
EBS
environmental baseline survey
EC
environmental coordinator
ECOP
environmental condition of property (a document)
ECP
environmental condition of property category
ELLAP
Environmental Lead Laboratory Accreditation Program
ELS
environmental law specialist
ENF
enforcement action
ENMP
Environmental Noise Management Program/Plan
EP
engineering pamphlet
EPCRA
Emergency Planning and Community Right-to-Know Act
EPR
environmental program requirements
EQCC
Environmental Quality Control Committee
EQR
Environmental Quality Report
EQT
environmental quality technique
ER,A
environmental restoration, Army
ERIS
Environmental Restoration Information System
ESA
Endangered Species Act
ESTCP
Environmental Security Technology Certification Program
ETA
early transfer authority
ETIPT
Environmental Technology Integrated Process Team
ETSC
Environmental Training Support Center (now EARC)
ETTC
Environmental Technology Technical Council
FGS
final governing standards
FIFRA
Federal Insecticide, Fungicide, and Rodenticide Act
FOSL
finding of suitability to lease
FOSET
finding of suitability to early transfer
FOTW
federally-owned treatment works
FP
firing point
FRP
Facility Response Plan
FTC POC
fast track cleanup point of contact
FUDS
Frmerly Used Defense Sites
GIS
Geographical Information System
GO/SE
general officer/senior executive
GWR
Ground Water Rule
GWUDI
ground water sources under the direct influence of surface water
HAP
hazardous air pollutant
HAZCOM
hazard communication
HMCG
hazardous material control group
HOT
heating oil tank
HRS II
Hazard Ranking System (revision 2)
HSMS
Hazardous Substance Management System
HSWA
Hazardous and Solid Waste Amendments
HTIS
hazardous technical information services
HTRW
hazardous, toxic, and radioactive waste
HW
hazardous waste
IAG
interagency agreement
IAP
Installation Action Plan
ICAP
Installation Corrective Action Plan
IESWTR
Interim Enhanced Surface Water Treatment Rule
IMA
installation medical authority
IMDG
International Maritime Dangerous Goods
IRDMIS
Installation Restoration Data Management Information System
IRP
Installation Restoration Program
IRT
installation response team
ISWM
integrated solid waste management
ISWMP
Integrated Solid Waste Management Plan
ITAM
integrated training area management
IWTS
Industrial Wastewater Treatment Systems
LAER
lowest achievable emission rate
LBP
lead-based paint
LCC
life cycle cost
LCCA
Lead Contamination Control Act
LEPC
local emergency planning committee
LHMP
Lead Hazard Management Program
LLRW
low-level radioactive waste
LUC
land use control
MACT
maximum achievable control technology
MCL
maximum contaminant level
MCLG
maximum contaminant level goal
MF
million fibers
MP
management practices/plans
MPRSA
Marine Protection, Research, and Sanctuaries Act
MRDL
maximum residual disinfectant level
MRDLG
maximum residual disinfectant level goal
MS4
municipal separate storm sewer system
MSA
Metropolitan Statistical Area
MSDS
material safety data sheet
NAAQS
National Ambient Air Quality Standards
NCP
National Contingency Plan
NESHAP
National Emission Standards for Hazardous Air Pollutants
NLR
noise level reduction
NPDES
National Pollutant Discharge Elimination System
NPL
national priorities list
NTNCWS
nontransient noncommunity water systems
NVLAP
National Voluntary Laboratory Accreditation Program
OB/OD
open burning/open detonation
ODS
ozone depleting substance
ODUSD(ES)
Office, Deputy Undersecretary of Defense for Environmental Security
OEBGD
Overseas Environmental Baseline Guidance Document
OPA
Oil Pollution Act
OSC
on-scene coordinator
P2
pollution prevention
PA/SI
preliminary assessment/site inspection
PE
professional engineer
PIRP
Public Involvement and Response Plan
POTW
publicly-owned treatment works
PPOA
pollution prevention opportunity assessment
PSD
prevention of significant deterioration
PWS
public water system
PWTB
Public Works Technical Bulletin
QRP
quality recycling program
RA
remedial action
RAB
Restoration Advisory Board
RCRA
Resource Conservation and Recovery Act
RHA
Rivers and Harbors Act of 1899
RMP
Risk Management Plan
ROD
record of decision
RRSE
relative risk site evaluation
SARA
Superfund Amendments and Reauthorization Act
SCP
Spill Contingency Plan
SDWA
Safe Drinking Water Act
SEP
supplemental environmental project
SERDP
Strategic Environmental Research and Development Program
SF
static fire
SIP
State Implementation Plan
SPCC
Spill Prevention, Control, and Countermeasures Plan
SSA
sole source aquifer
SWAP
Source Water Assessment & Protection
SWTR
Surface Water Treatment Rule
TAPP
technical assistance for public participation
TNCWS
transient noncommunity water systems
TRC
technical review committee
TSDF
treatment, storage, and disposal facility
TT
treatment technique
UIC
underground injection control
USACERL
U.S. Army Construction Engineering Research Laboratories
USAEHA
U.S. Army Environmental Hygiene Agency (now USACHPPM)
UST
underground storage tank
Index
Accident reporting and records, 3-2 , 5-2
Adequate margin of safety, table 7-1
A-weighted day-night average sound level (ADNL), 7-5 , table 7-1 ,
table 7-2 , table 7-3
Air Pollution Emergency Plans, 6-9
Air Pollution Emissions Inventory, 6-2
Air programs, 6-1
Army Compliance Tracking System (ACTS) Reporting, 13-3
Army Logistics Management College (ALMC), 13-2 , 13-6 , 13-7
Asbestos, 4-6 , Ch.-8, 11-2 , 11-6 , 11-8 , 11-9 , 15-6 , 15-13 , 15-19
Automated Environmental Management Systems, 13-1
Best mnagement practices, 4-5
Base Realignment and Closure (BRAC), 11-2 , 11-3 , 11-4 , 11-6 , 118 , 11-9 , 11-10 , 11-11 , 11-12 , 11-13 , 11-15 , 15-6
Certification (training), 2-5 , 6-6 , 6-11 , 12-3 , 15-17
C-weighted day-night average sound level (CDNL), 7-5
Chemical warfare, 5-2 , 5-5
Chemical warfare agents, 5-5
Chlorofluorocarbons and halons, 6-11
Civil works, 2-2 , 2-3 , 2-7 , 2-8 , 3-1 , 3-2 , 3-6 , 4-2 , 4-4 , 4-5 , 4-6 , 47 , 4-8 , 4-9 , 5-2 , 5-9 , 5-10 , 5-11 , 6-1 , 6-2 , 6-3 , 6-7 , 6-8 , 6-9 , 6-11
, 6-12 , 6-14 , 7-1 , 8-1 , 8-2 , 9-3 , 9-4 , 10-4 , 10-5 , 10-6 , 10-8 , 11-1 ,
13-1 , 15-2 , 15-3 , 15-5 , 15-6 , 15-7 , 15-8 , 15-10 , 15-13 , 15-16 , 1517
Clean Air Act (CAA), 6-2 , 6-3 , 6-4 , 6-7 , 6-10 , 6-11 , 6-12 , 10-2
Clean Water Act (CWA), 2-3 , 2-4 , 2-7 , 4-5 , 10-2 , 15-16
Community relations, 2-4 , 11-3 , 11-5 , 11-11 , 11-14 , 11-15
Complaints, 2-7 , 7-2 , 7-3 , 7-4 , 7-5
Compliance agreement, 5-11 , 15-7 , 15-13 , 15-16
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), 5-11 , 11-3 , 11-4 , 11-6 , 11-9 , 11-11 , 11-14
, 11-15 , 13-5 , 15-4 , 15-6 , 15-16
Conformity, 6-13
Consent agreement, 15-7
Consent order, 5-11 , 11-4 , 15-7
Conservation, 2-2 , 2-4 , 2-8 , 12-2 , 13-3 , 15-13 , 15-14
Conventional explosive ordnance operations, 5-4
Corrective action, 5-2 , 10-2 , 11-4 , 11-5 , 13-6 , 15-8
Day-night average sound level (DNL), 7-5
Defense Environmental Network and Information Exchange
(DENIX), 13-2 , 13-4 , 15-6
Defense Environmental Restoration Account (DERA) Funding, 12-3
Defense Environmental Restoration Program (DERP), 11-2 , 11-3 ,
11-7 , 11-8 , 11-9 , 11-10 , 11-11 , 11-12 , 11-13 , 11-15 , 13-5
Defense Environmental Security Corporate Information
Management (DESCIM), 13-2
Defense Site Environmental Restoration Tracking System
(DSERTS), 11-8 , 11-9 , 11-10 , 11-12 , 13-5 , 13-7
Defense-State Memorandum of Agreement (DSMOA), 11-2 , 11-11
Defense and State Memorandum of Agreement/Cooperative
Agreement Program (DSMOA/CA), 11-2 , 11-11
Disposal facilities, 5-9 , 5-10 , 11-2
Dredge and fill operations, 2-3
Drinking water, 2-2 , 2-3 , 2-4 , 2-6 , 2-7 , Table 2-1 , Table 2-2 , 11-14
, 15-19
ECAR, 13-6 , 15-8
ECAS software, 13-6 , 15-8
EDMSC, 13-2 , 13-3
Emergency Planning and Community Right-to-Know Act (EPCRA),
4-3 , 4-7 , 4-8 , 4-9 , 10-2 , 10-3
Emergency response, 3-4 , 4-4 , 5-4 , 11-14 , 15-13
Enforcement Action (ENF), 5-11 , 13-3 , 14-15 , 15-7 , 15-8 , 15-13 ,
15-16
Environmental
Agreements, 15-7 , 15-16
Awards, 15-9
Awareness, 10-2 , 15-13
Awareness Resource Center, 4-9 , 15-13
Compliance, 2-2 , 2-3 , 2-4 , 2-8 , 3-4 , 3-6 , 4-5 , 4-6 , 4-7 , 4-9 , 5-2 , 5-4 , 59 , 5-10 , 5-11 , 6-1 , 6-3 , 6-4 , 6-5 , 6-8 , 6-13 , 6-14 , 8-2 , 9-4 , 10-2 , 10-5 , 106 , 11-2 , 11-4 , 11-6 , 11-8 , 11-9 , 11-10 , 11-12 , 12-2 , 12-4 , 13-2 , 13-3 , 13-6
, 14-2 , 14-5 , 15-5 , 15-6 , 15-7 , 15-8 , 15-11 , 15-13 , 15-16 , 15-17 , 15-19
Compliance assessments, 13-6 , 15-8
Compliance Assessment System (ECAS), 13-6 , 13-7 , 15-8
Compliance officers, 15-17
Condition of Property (ECOP), 15-6
Program Requirements (EPR) Report (Formerly RCS 1383), 2-2 , 2-3 , 4-5 ,
4-8 , 5-2 , 5-10 , 5-11 , 10-5 , 11-6 , 11-9 , 13-2 , 13-3 , 13-7 , 14-2 , 15-8 , 15-13
Quality Control Committee (EQCC), 4-2 , 7-2 , 7-3 , 7-4 , 10-2 , 15-8 , 15-10 ,
15-13
Quality Report (EQR) (Formerly ACTS), 13-3 , 13-7 , 15-16
Restoration, 5-2 , 5-12 , 11-2 , 11-3 , 11-4 , 11-5 , 11-6 , 11-8 , 11-9 , 11-10 ,
11-11 , 11-12 , 11-13 , 11-15 , 11-16 , 12-2 , 12-3 , 13-5 , 14-3 , 15-4 , 15-6 , 1513
Training, 15-8 , 15-13 , 15-17
Training Support Center, 4-9
Existing source (air emissions), 6-7
Federal Implementation Plan (FIP), 6-13
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 15-16
Final Government Standards (FGS), 2-5 , 5-2 , 14-2 , 15-8
Finding of Suitability to Lease (FOSL), 11-6 , 11-12 , 15-6
Finding of Suitability to Transfer (FOST), 11-6 , 11-12 , 15-6
Formerly Used Defense Sites (FUDS), 11-2 , 11-3 , 11-4 , 11-7 , 11-8 ,
11-9 , 11-10 , 11-11 , 11-12 , 11-13 , 11-14 , 11-15 , 11-16
Freedom of Information Act (FOIA), 13-6 , 15-8
Funding solid and hazardous waste disposal, 5-10
Hazardous air pollutants (HAPs), 6-7
Hazardous
materials, 4-2 , 4-7 , 5-2 , 10-2 , 10-3 , 15-6 , 15-8 , 15-11 , 15-17
Materials management, ch. 4
Substances, 2-2 , 2-3 , 3-2 , 3-3 , 3-4 , 4-2 , 4-8 , 10-1 , 11-5 , 11-9 , 11-11 ,
15-4 , 15-6 , 15-16
Health risk, 9-3 , 11-9
Installation
Commanders (ICs), 2-2 , 2-3 , 3-3 , 4-2 , 4-4 , 5-2 , 5-11 , 6-2 , 6-4 , 6-10 , 113 , 11-5 , 11-6 , 11-9 , 11-11 , 11-13 , 11-14 , 11-15 , 11-16 , 13-5 , 13-6 , 15-5 ,
15-6 , 15-7 , 15-8 , 15-10 , 15-13 , 15-17
Corrective Action Plans (ICAP), 13-6 , 15-8
Restoration Program (IRP), 11-2 , 11-3 , 11-4 , 11-5 , 11-6 , 11-8 , 11-9 , 1110 , 11-11 , 11-12 , 11-13 , 11-15 , 11-16 , 15-19
Status Report (ISR) Environment, 13-2 , 13-7 , 15-8
Integrated Solid Waste Management Plan, 5-9 , 10-3
Joint Land Use Study, 7-3
Judge Advocate General (TJAG), 5-11 , 13-3 , 15-16
Land use, 7-2 , 7-3 , 7-5 , table 7-4 , 10-2 , 11-14 , 11-15 , 15-6
Land use planning, 7-3 , 7-5 , table 7-1
Lead-based paint (LBP), 4-6 , 5-11 , 11-2 , 11-6 , 11-8 , 11-9 , 15-6
Lead hazard management, 4-6
Lowest Achievable Emission Rate (LAER), 6-3
Major source, HAP, definition, 6-7
Maximum achievable control technology (MACT), 6-7
Medical, dental, and veterinary supplies and health care facility, 5-7
Military construction, Army (MCA), 15-11
Mixed waste, 5-2 , 5-12
Montreal Protocol, 6-11 , 15-20
National Ambient Air Quality Standards (NAAQS), 6-3
National Emissions Standards for Hazardous Air Pollutants
(NESHAPs), 6-7
National Environmental Policy Act (NEPA), 5-2 , 7-5 , 10-4 , 11-6 ,
11-9 , 11-10 , 11-15 , 15-2 , 15-11
National Pollutant Discharge Elimination System (NPDES), 2-2 , 2-3
, 2-7 , 4-5
National Priority List (NPL), 11-2 , 11-3 , 11-4 , 11-11 , 11-12 , 11-13 ,
11-15 , 13-5 , 15-6
Natural Resource Damage Assessment (NRDA), 15-4
Natural resources management, 15-3
New Source Performance Standards (NSPS), 6-3
New Source Review (NSR), 6-3
Noise, 7-1 , 7-2 , 7-3 , 7-4 , 7-5
Nonattainment area, 6-2 , 6-3 , 6-10 , 6-13 , 10-2
Notice of violation (NOV), table 4-1 , 7-5 , 11-4 , 14-5
Occupational Safety and Health Administration (OSHA), 5-2 , 15-8 ,
15-13
Outside the continental United States (OCONUS), 2-5 , 5-10 , 11-1 ,
13-6 , 14-1 , 14-2 , 14-3 , 14-5 , 15-8
Office of the Directorate of Environmental Programs (ODEP), 4-7 ,
4-9 , 6-14 , 10-5 , 10-6 , 11-9 , 11-13 , 11-14 , 12-5 , 13-3 , 14-4 , 15-8 ,
15-16
Oil and hazardous substances spills, 3-1 , 3-2 , 3-4
Open burning, 6-8
Open detonation, 6-8
Operating permits, 6-3 , 6-4 , 6-5 , 11-4
Outgrant, 15-6
Ozone depleting substances (ODS), 6-11 , 6-14 , 10-2
Part 70 Permit, 6-4
Permits
Air, 6-4 , 6-5 , 6-8
Construction, 6-3
Dredge and fill, 2-3
Hazardous waste, 5-2
NPDES, 2-2 , 2-3 , 2-7
Operating, 6-3 , 6-4 , 6-5
RCRA, 5-2 , 6-8 , 11-4
Title V, 6-4
Wetlands, 2-3
Pest Management Program, 13-3 , 15-20
Pesticides, 5-6
Petroleum, oils, and lubricants (POLs), 3-3 , 4-5
Pollution prevention, 2-3 , 2-4 , 5-9 , 6-11 , 10-1 , 10-2 , 15-9
Coordinator, 10-2
Definition for NEPA, 10-4
Goals, 10-2
In planning and decisionmaking, 10-4
Opportunity assessments, 10-2
Plan, 10-2 , 10-3
Reporting, 10-3 , 10-5
Polychlorinated biphenyls (PCBs), 4-4 , 11-6 , 11-9 , 15-6
Prevention of Significant Deterioration (PSD), 6-3
Preventive medicine, 2-3 , 2-4 , 3-4 , 4-6 , 15-13 , 15-19
Public participation, 11-3 , 11-15 , 15-6
Quality Control Committee. See Environmental Quality Control
Committee (EQCC)
Radiological, 2-2 , 3-5 , 5-2 , 5-12 , 11-6 , 11-9 , 15-11
Radon, 9-1 , 9-2 , 9-3 , 9-4 , 11-6 , 15-6
Resource Conservation and Recovery Act (RCRA), 2-3 , 3-3 , 4-5 ,
4-6 , 4-7 , 5-2 , 5-4 , 5-9 , 5-11 , 6-8 , 10-2 , 10-3 , 11-4 , 11-5 , 11-9 ,
15-6 , 15-13 , 15-16
Hotline, 4-7
Restoration Advisory Board, 11-3 , 11-6 , 11-12 , 11-15 , 15-6
Real property, 9-3 , 11-1 , 11-6 , 11-9 , 11-11 , 15-6
Real property acquisition, outgrant and disposal transactions, 15-6
Recycling, 2-2 , 4-2 , 5-2 , 5-4 , 5-9 , 5-10 , 6-6 , 6-11 , 10-1 , 10-3
Regulatory inspections, 2-7
Relative Risk Site Evaluations (RRSEs), 11-8 , 11-9 , 11-10
Reportable quantity, 3-2 , 4-4 , 13-3
Reporting an oil or hazardous substance spill, 3-2 , 4-4 , 13-3
Research and development (R&D), 5-2 , 10-2 , 10-5
Risk Management Plan, 6-7
Safe Drinking Water Act (SDWA), 2-2 , 2-4 , 2-7 , 2-8
Sensitive land uses, 7-2 , 7-5
Safety and occupational health (SOH), 3-3 , 9-3 , 15-13 , 15-16
Solid waste, 4-4 , 5-2 , 5-4 , 5-9 , 5-10 , 6-6 , 10-2 , 10-3
Solid waste management, 5-9 , 10-3
Source reduction, 4-2 , 5-9 , 10-3 , 10-4
Spill Prevention, Control, and Countermeasures Plan (SPCCP), 3-2
, 3-3 , 3-4 , 3-6 , 11-14
Spill Contingency Plan (SCP), 3-2
Spill reporting, 3-2
State Implementation Plan (SIP), 6-3 , 6-13
Superfund Amendments and Reauthorization Act (SARA) of 1986,
5-11 , 11-15 , 13-5
Surgeon General, 2-2
Tank management, 4-5
Technical assistance, 2-8 , 3-6 , 4-7 , 4-9 , 6-14 , 7-6 , 8-2 , 9-4 , 10-6 ,
13-2 , 13-3 , 13-5 , 13-6 , 13-7
Technical review, 11-3 , 11-12
Title VI, Clean Air Act, 6-4 , 6-11
Toxic Substances Control Act (TSCA), 4-6 , 15-16
Training, environmental (by topic),
Drinking water plant operators, 2-5
Environmental Awareness Resource Center (EARC), 4-9 , 15-13
Environmental Compliance Assessment System (ECAS), 13-6
Environmental compliance officers, 15-17
Environmental Program Requirements (EPR) software, 13-2
Environmental Quality Report, 13-3
EPCRA, 4-8
Hazardous waste, 5-2 , 15-13
ISR Environment, 13-7
ITAM environmental awareness products, 15-13
Lead hazard management, 4-6
Ozone depleting substances (ODS), 6-11
Plans, 15-13
Pollution prevention, 10-2 , 10-3
Polychlorinated biphenyls (PCBs), 4-4
Schools, 15-13
Storage tank systems, 4-5
Treatment, storage, and disposal facilities (TSDF), 3-3 , 5-2 , 5-13
Trip Reduction Plans, 6-12
Underground injection control (UIC), 2-2
Underground storage tank (UST), 4-5 , 11-2 , 11-9 , 13-3
Unexploded ordnance (UXO), 5-4 , 11-2 , 11-6 , 11-8 , 11-9 , 11-10 ,
15-6 , 15-11
U.S. Army Center for Health Promotion and Preventive Medicine
(USACHPPM), 2-3 , 2-7 , 2-8 , 4-7 , 4-8 , 4-9 , 5-7 , 5-9 , 6-2 , 6-3 , 6-14
, 7-6 , 8-2 , 9-4 , 10-6 , 11-11 , 11-13 , 15-19
U.S. Army Environmental Center (USAEC), 2-2 , 2-3 , 2-7 , 2-8 , 3-3 ,
3-4 , 3-6 , 4-2 , 4-5 , 4-7 , 4-8 , 4-9 , 5-2 , 6-14 , 10-3 , 10-5 , 10-6 , 11-3
, 11-10 , 11-11 , 11-12 , 11-13 , 11-14 , 11-16 , 13-1 , 13-2 , 13-3 , 13-4 ,
13-5 , 13-6 , 13-7 , 15-8 , 15-9 , 15-11 , 15-13 , 15-16 , 15-18
U.S. Environmental Protection Agency (EPA), 2-2 , 2-3 , 2-5 , 2-8 , 32 , 3-3 , 3-4 , 4-2 , 4-4 , 4-7 , 4-8 , 5-2 , 5-4 , 5-9 , 5-11 , 6-4 , 6-6 , 6-7 ,
6-11 , 6-14 , 7-5 , 10-2 , 10-3 , 11-2 , 11-3 , 11-4 , 11-6 , 11-11 , 11-14 ,
11-15 , 13-4 , 15-6 , 15-7 , 15-8 , 15-13
Vehicle Inspection and Maintenance Programs, 6-10
Waste minimization, 5-3 , 10-3
Water Resources Management Program, Ch. 2
Wellhead protection, 2-2